Search Results

1. [2024] NZEnvC 174 Afsari v Auckland Council [pdf, 3.4 MB]

   ...[11] Blair Hastings concluded that an area including 25 properties met the thresholds for scheduling as an Historic Heritage Area because it has considerable overall significance to the locality, region, and nation. Blair Hastings prepared an affidavit in support of the consent documents. [12] Blair Hastings has identified the area as the “Workers’ Dwellings Act Housing Area Historic Heritage Area” (Workers’ Dwellings Act Housing Area HHA). The key features of the Workers�€...

2. Hall - Opepe Farm Trust (2009) 86 Taupō MB 36 (86 TPO 36) [pdf, 494 KB]

   ...the shortness of notice to the respondents and the situation as 89 Taupo MB 37 explained in the memorandum from Mr Green and Ms Opai. an adjournment would be granted. [6] However this is an application for injunction. It is accompanied by an affidavit. Rule 8 l (6) states: "Where the urgency of the case requires it, the Court may make an interim order by way of injunction er parte." [7] The application and affidavit disclose: a) That the trustees entered into a deve...

3. [2021] NZEnvC 048 Hecko Limited v Auckland Council [pdf, 460 KB]

   ...abatement notice stated that compliance was required by 3 June 2021. [2] Hecko Ltd lodged an appeal against the notice on 26 March 2021 together with an application for a stay of the abatement notice pending the outcome of the appeal, and an affidavit of Rolf Hilke, a trustee of the Hecko Trust which, with Hecko Ltd, owns the subject property affirmed in support of that application on 24 March 2021. In his affidavit Mr Hilke sets out the background to these works on the property,...

4. [2020] NZEmpC 196 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd t/a Te Puna Liquor Centre [pdf, 163 KB]

   ...concerning proposals which the respondents are hoping to make to resolve the matter. In the meantime, the respondents had filed a on-notice interlocutory application to either discharge or vary the freezing order. That application is supported by an affidavit sworn by the sixth respondent, Mr Singh, on 13 November 2020. The applicant Labour Inspector has not yet had the opportunity to respond to that application. [5] Following discussion with counsel at the hearing, the followin...

5. [2023] NZEmpC 156 Labour Inspector of MBIE v ZAQ Ltd [pdf, 165 KB]

   ...[2] The freezing orders were due to expire at 4 pm today (18 September 2023). At 10 am today, the matter was called for review. [3] Before the hearing, each respondent filed and served a statement of means, and the Labour Inspector filed an affidavit in response. [4] The Labour Inspector seeks a continuation of the freezing orders for a further two weeks as she remains concerned that the respondents have an intention to dissipate assets. She also is concerned about the complet...

6. [2018] NZEmpC 80 Avondale College Board of Trustees v Maday [pdf, 246 KB]

   ...an application for a stay of proceedings, but the orders sought are in effect that there be a stay of execution relating to the sum of $50,000 to be paid to Mrs Maday, and that this sum be paid into Court until further order. [4] Comprehensive affidavits have been filed on behalf of the Board outlining the grounds upon which the stay is sought. In summary, it is asserted that: a) there would be no prejudice to Mrs Maday if the order of stay were granted, but prejudice to the Board...

7. LCDT - 2010 practice note [pdf, 353 KB]

   ...under Part 1 of 2008/184: 2.2.1 An application to the Tribunal under s 246 of the Act, for restoration of an applicant’s name to the roll or register, must: • Be in Form H, • State the grounds for restoration, • Be supported by an affidavit giving particulars of those grounds, and; • Be accompanied by the prescribed fee (see reg 37 2008/184). The applicant must file the application with the Tribunal and serve, without delay, notice of the application on the New Zealand...

8. [2022] NZEnvC 098 Miller v Dunedin City Council [pdf, 490 KB]

   ...road access to Riccarton Road East from 49 Riccarton Road East and a rule that restricts the number of sites that have direct or indirect vehicle access onto Elizabeth Avenue to no more than four sites. [3] I have also read and considered the affidavit of Ms James, who has satisfied me that the agreement reached is appropriate and that granting the relief sought 3 does not affect the resolution of any other proceedings.1 Other relevant matters [4] No other person has given...

9. [2010] NZEmpC 17 Secretary for Justice v Dodd [pdf, 17 KB]

   ...the early days of s 103A, by calling a number of senior managers of similar employers to speculate how they would have dealt with misconduct, was unsuccessful: see X (subsequently White) v Auckland District Health Board. 1 [5] Having read the affidavits of the defendant’s intended witnesses, I do not consider that any of their evidence is designed to allow such inadmissible considerations to influence the Court. The affidavits are carefully and professionally crafted to avoid...

10. Minute of the Environment Court (dated 4 April 2017) [pdf, 117 KB]

    ...required, as the parties have the opportunity to respond in the timetable which has been set. I simply raise these matters so that the parties have the benefit of the court's thinking. Leave is granted for Mr Willis to provide a supplementary affidavit giving detailed, but succinct, reasons for the orders sought. However, any supplementary affidavit is to be filed by Friday 7 April 2017. ~? ~o~ Issued: 4 April 2017