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1. [2022] NZEnvC 059 Hall v Dunedin City Council [pdf, 331 KB]

   ...scheduled eucalyptus tree T865 at 552 North Road, Normanby, from the proposed Second Generation Dunedin City District Plan (‘2GP’). [2] I have read and considered the consent memorandum of the parties dated 31 March 2022 and the accompanying affidavit of Peter Benjamin Rawson affirmed 7 April 2022. [3] The court will only make orders if it is satisfied it is appropriate to do so and where there is no relationship between the provisions proposed to be amended by consent orde...

2. [2010] NZEmpC 145 Young v Bay of Plenty DHB [pdf, 32 KB]

   ...Mr Young, by his solicitor, filed an application for leave to extend the time for filing his challenge. His application was accompanied by a bare and arguably insufficient draft statement of claim electing a challenge by hearing de novo and an affidavit from Mr Young setting out the circumstances in which he claimed he had failed to file his challenge as of right within time. That application was served on the respondent. So it follows that the delay after the expiry of the 28 day...

3. Guidelines: Family Court appointment of psychologists and Lawyer for child - Hague Convention [pdf, 34 KB]

   ...available, how might the child respond if the Court makes an order for return despite the objection? 1.3 As the parties may wish to address matters that arise as a result of the report, I suggest a further direction. That the parties be entitled to file affidavits addressing matters raised in the psychologist’s report within 10 days of the receipt of the report. 1.4 Such a specific brief should ensure that the psychologist is able to complete this report quickly and should not need...

4. [2013] NZEmpC 124 Superior Motor Cycles Ltd v Patterson [pdf, 76 KB]

   ...sought an extension of time. When an extension to 8 February 2013 was granted, the plaintiff discontinued the proceeding on 1 February without providing any evidence. This lack of documentation may be contrasted with the relatively extensive affidavit and submissions filed in support of the earlier application for a stay of execution. In his affidavit in support of the stay, the managing director of the plaintiff said that the company was in a precarious financial position. In t...

5. [2010] NZEmpC 110 Mana Coach Services Ltd v NZ Tramways & Public Passenger Transport Union and Ors [pdf, 14 KB]

   ...plaintiff Judgment: 19 August 2010 JUDGMENT OF JUDGE A A COUCH [1] The plaintiff has applied without notice for an interim injunction to restrain the defendants from striking or being party to a strike. [2] The evidence provided in the affidavit of Angela Jean Walker establishes: a) The plaintiff and the first defendant are currently engaged in negotiations for a collective agreement. b) The second defendants are members of the first defendant and would be...

6. Auckland Standards Committee 5 v Barton [2020] NZLCDT 28 (10 September 2020) [pdf, 143 KB]

   ...her employer audited her files, unearthing some of these matters. [13] When confronted, she seems to have neither admitted nor denied the allegations. She did not admit wrongdoing to the Standards Committee. Almost one year on, she swore an affidavit5 flatly denying the allegations: 5 18 July 2018. 5 “I was shocked when … accused … of doctoring files, taping signatures onto unsigned documents and commit...

7. [2010] NZEmpC 106 Fonterra Cooperative Group Ltd v Te Stroet [pdf, 15 KB]

   ...the matter after 31 August 2010, and because the parties are entitled to a prompt decision, on balance that period of just over two weeks is really the best that can be accommodated. [5] Mr Rooney has indicated that he wishes to submit further affidavit evidence about what is known as the DAS position, and I think in fairness that the plaintiff should be entitled to do that. It may be that the defendant also wishes to call more comprehensive evidence about the nature of the positi...

8. MBL v Shadforth [2016] NZIACDT 31 (16 June 2016) [pdf, 100 KB]

   ...certificate. She asked for a “long term extension” to provide submissions regarding sanctions, based on her own description and photographs she provided to illustrate it. [20] In the circumstances, the Tribunal requires that Ms Shadforth provide an affidavit from a registered doctor (a doctor on the New Zealand Medical Register - www.mcnz.org.nz) regarding her fitness, if she cannot meet the Tribunal’s timetable. I discuss the requirements for the affidavit below. [21] For the rea...

9. Hamilton v Trustees of Erepeti Marae - Tuahu 3X (2009) 128 Wairoa MB 77 (128 WR 77) [pdf, 931 KB]

   ...preparation for hearing. On 10 August 2007, Mr Harman as new counsel for the trustees, advised this Court that he would now be acting for the trustees and that he needed time to take full instructions. [13] Briefing of witnesses and the filing of the affidavits for these proceedings was completed in late November 2007 and a fully defended hearing was held in February 2008. [14] A site visit to Erepeti Marae took place and a further Court hearing was held on 30 April 2008. On tha...

10. [2022] NZEmpC 73 Oliver v Biggs [pdf, 162 KB]

    ...filed by Mr Biggs. [4] A telephone directions conference proceeded on notice to both parties on 23 March 2022. There was no appearance from Mr Biggs. I directed that Mr Oliver 1 Oliver v Biggs [2021] NZEmpC 104 at [37]. should file affidavit evidence in support of his claim, and submissions, and that the claim would then be dealt with on the papers. [5] I have received Mr Oliver’s affidavit, which outlines multiple attempts via his lawyer to obtain payment of the...