Search Results

1. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...issues identified in paragraph 1.2 above, there would be no need for substantive hearing. This, Fonterra submitted, would meet the interests of justice and efficiency and would not prejudice the plaintiff. The application was supported by an affidavit of Fonterra’s general counsel, Mr Matthews, which annexed the relevant documentation. [7] The plaintiff opposed the application and filed a substantial affidavit in opposition setting out the circumstances of his employment with K...

2. Auckland Standards Committee v AC [2012] NZLCDT 10 [pdf, 21 KB]

   ...of interim suppression. (b) That such an order will not prejudice the interests of any person or the public interest. (c) That a final order would be rendered nugatory if an interim order was not granted. [3] The practitioner has filed an affidavit setting out the background to the charge, which involved an error on a solicitor’s certificate. Annexed to that affidavit she provides a medical report from a psychiatrist, Dr Mackay. That report discloses some serious concerns...

3. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...unmeritorious, because it failed to produce cogent and probative evidence to support the Abatement Notice, despite the requests from Ms Greensmith. Council's response [13] The Council responded to the application. Its response was supported by an affidavit from Jonathan Bruce Reddell, Principal Specialist at Auckland Council. The Council seeks that costs lie where they fall, with its reasons as follows: 11 (a) the appeal had not advanced sufficiently to warrant an order for c...

4. [2022] NZEnvC 080 Blueskin Projects Limited v Dunedin City Council [pdf, 223 KB]

   ...regarding the minimum legal width of driveways for residential activities where 1 – 6 residential units are serviced (Rule 6.6.3.9.a.i). [2] I have read and considered the consent memorandum of the parties dated 9 May 2022 and the accompanying affidavit of Bede Tavener Morrissey affirmed 11 May 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...

5. Auckland Standards Committee 3 v Potter [2022] NZLCDT 27 (27 July 2022) [pdf, 110 KB]

   ...breached regulation 10 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 (ss 241(b) and 12(c) of the Act)). What are the relevant facts? [3] The Standards Committee case is based on a bundle of more than 400 pages comprising an affidavit (with attachments) by the client and another affidavit (with attachments) by a Legal Standards Officer. Mr Potter filed a response but did not file any affidavit. At the hearing, Mr Potter cross-examined the client. Mr Potte...

6. [2020] NZEnvC 173 Wang v Auckland Council.pdf [pdf, 449 KB]

   ...appears that the notice may not have been served on Ms Wang until 25 September 2020. [2] Ms Wang lodged an appeal against the notice on 29 September 2020 together with an application for a stay of the abatement notice pending her appeal, and an affidavit in support of that application on 6 October 2020. In her affidavit Ms Wang sets out her reasons why compliance with the development control is not practicable, including the temporary nature of the fences around a site where buildin...

7. [2018] NZLCDT 12 Central Standards Committee 3 v S [pdf, 162 KB]

   ...statement of financial position and any other relevant information. The respondent did not meet that request. [9] The respondent did not file a response to charge despite a direction from the Tribunal to do so by 15 December 2017. He filed an affidavit on 9 March 2018 and then appeared on the day of the hearing and presented his arguments. He accepted the factual situation and urged the Tribunal to find that his conduct was unsatisfactory. [10] In making its finding of miscondu...

8. Form 18 Interlocutory Application without Notice [docx, 55 KB]

   ...for court orders which are subsidiary to the main proceeding. This template is for an interlocutory application without notice (which means the other party/parties are not given the opportunity to oppose the application). If necessary you may file an affidavit in support of your application. This must be filed and served at the same time as the application. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have t...

9. Form 49 Application for Charging Order [docx, 56 KB]

   ...due or accruing due to the judgment debtor. An interim charging order, once issued, may be made final by making an application in form 55. An application for an interim charging order or final charging order over land must be accompanied by: · an affidavit in form 50 · draft charging orders in either form 51 or 52 (depending on the property being charged). How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to...

10. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

    ...conscience jurisdiction in s 189 of the Act. [8] The application asserted that joining Mr and Mrs Kokcu would be just in the circumstances and the overall balance of convenience favoured the application being granted. The application was supported by affidavits by Mr and Mrs Kocatürk. [9] The application was opposed. The notice of opposition relied, among other things, on an assertion that joining Mr and Mrs Kokcu would obfuscate and unjustifiably extend the matters to be dec...