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  1. Kerr v Albert - Maketu A 102 (2012) 55 Waiariki MB 146 (55 WAR 146) [pdf, 74 KB]

    ...he lived on the land and improved it by building structures upon it over the last 14 years and with the acquiescence of the trustees. That that might give him some right. As I say, that, sort of approach, is foreshadowed in his application and affidavit but is not at all made out. In those circumstances, by the barest margin I am prepared to accept that it is possible that there is an arguable case and I therefore turn to the issue of the balance of convenience. [6] It is clear t...

  2. [2019] NZEnvC 047 Northland Regional Council v Far North District Council [pdf, 1.3 MB]

    ...Following the conference, an amended draft enforcement order was filed with the Court by the parties. [4] In considering the draft enforcement orders the Court has read the: (a) Application for enforcement orders dated 6 December 2018; (b) Affidavit of Catherine Orevich sworn on 5 December 2018; (c) Affidavit of Theresa Gaye Dacre sworn on 5 December 2018; and (d) Joint memoranda of counsel dated 1 March and 8 March 2019. Enforcement Orders [5] Accordingly, the Court makes the...

  3. [2017] NZEmpC 114 Quality Consumables Ltd v Hannah [pdf, 167 KB]

    ...defendant will not be injuriously affected by the stay and the plaintiff has reasonable grounds of success in it its challenge to the determination. Mr Allan McCormick, who is the sole director of the plaintiff company, has sworn and filed an affidavit in support of the application for a stay. In addition to simply repeating the grounds set out in the application, Mr McCormick states that Ms Hannah has taken enforcement proceedings in respect of the determination. The notice o...

  4. [2023] NZEmpC 165 A Labour Inspector v ZAQ Ltd [pdf, 163 KB]

    ...able to consider this material prior to the review hearing. [4] In those circumstances, the Labour Inspector has applied for an extension of the freezing orders until 31 October 2023 and suggested that the Labour Inspector file and serve an affidavit in response to the material on or before 17 October 2023. [5] Mr Credo, for the respondents, expressed the hope that the parties may be able to file a joint memorandum within a week, which would at least enable the freezing orders...

  6. [2018] NZEnvC 145 Federated Farmers of New Zealand Limited v Queenstown Lakes District Council [pdf, 2.1 MB]

    ...Management Act 1991 ('RMA') to strike out parts of appeals and s274 notices in relation to decisions on Stage 1 of the Queenstown Proposed District Plan ('Proposed Plan '). The application is supported by a notice of motion and the affidavit of Ian William Bayliss, respectively covering legal and factual matters. [2] In its 6 August 2018 Minute, the court made directions for the filing of notices of opposition by any relevant party opposing the Council's app...

  7. [2010] NZEmpC 124 NZ Language Centres Ltd (Formerly GEOS NZ Ltd) v Page [pdf, 15 KB]

    ...account pending further order of the Court. c) Within the 28 day period the plaintiff provide to the defendant and to the Court, financial information to support the opinion contained in Mr Hansen’s letter of 8 September, annexed to the second affidavit of Mr Mastoyo, affirmed on 24 August 2010. That will enable the Court to have before it material from which it can ascertain the current situation of the plaintiff both from a point of view of assets and liability, outstandi...

  8. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

    ...which 8 GF v OO [2022] NZEmpC 1 at [20]. at that time were before the Authority, and that AvSec would not make an application for costs in the Authority following dismissal of the applications for interim reinstatement. (b) A lengthy affidavit from a medical practitioner (Dr Febery) was largely irrelevant and led to an escalation of costs. [24] On the first point, there is some force in the hindsight assessment that the AVOs may well have been better off had they acce...

  9. [2008] NZEmpC WC 6/08 Crook v Sovereign Services Ltd [pdf, 15 KB]

    ...[4] In a memorandum to the Court, Ms Fleming has helpfully advised that under scale 2B of the High Court Rules the appropriate recovery usually would have amounted to $65,200. [5] Miss Buckett also filed a memorandum of costs accompanied by an affidavit of the plaintiff which updates the Court on her present personal and financial situation. [6] I accept Ms Fleming’s submission that this was a complex case. It required an unusual number of interlocutory applications to deal...

  10. [2022] NZEnvC 123 Federated Farmers of New Zealand v Dunedin City Council [pdf, 217 KB]

    ...number 165) on the definition of farming in the proposed Second Generation District Plan (‘2GP’). [2] I have read and considered the consent memorandum of the parties dated 7 June 2022, the memorandum of counsel dated 30 June 2022 and the affidavit of Katie Emma Sunley James affirmed 30 June 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 order...