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1. Ratima v Sullivan - Tataraakina C Trust (2012) 15 Takitimu MB 57 (15 TKT 57) [pdf, 196 KB]

   ...[6] Mr Ratima says he was given information by an existing trustee that no advertising was undertaken for the Executive Officer position even though the subordinate role of Office Manager had been extensively advertised. In paragraph 18 of his affidavit sworn on 28 March 2012 Mr Ratima says that when the Court questioned the lawyer for the trustees as to whether farm workers were appointed following proper process that the trustees were effectively put on notice that any appointment...

2. Otago Standards Committee v Klinkert [2014] NZLCDT 60 [pdf, 85 KB]

   ...with 8 [2012] NZLCDT 39. 8 WINZ when she successfully portrayed to them that the funds had never been in trust and were taken as fees from the outset. [16] Counsel points to the affidavit evidence of Mr Spencer of WINZ who stated that he trusted the practitioner’s word given she was a lawyer. The practitioner committed a gross breach of this trust, said the Committee, by firstly submitting the ‘file statement...

3. Sufi v Department of Labour [2012] NZHRRT 6 [pdf, 65 KB]

   ...10.30am. [6] On an urgent basis the plaintiff was on 9 February 2012 provided with PDF copies of the statement of claim (and related documentation), the statement of reply, the Minutes 3 issued on 7 July 2011 and 7 November 2011 and finally, the affidavit of Nicole Sheree Willson, which had been filed by the Department of Labour on 4 January 2012 in compliance with para [6.3] of the Minute dated 7 November 2011. [7] Nothing further having been received from the plaintiff the hear...

4. OLL v NJK [2013] NZIACDT 34 (30 May 2013) [pdf, 127 KB]

   ...identified potential conclusions on the papers before the Tribunal at the time, with a view to giving the parties the opportunity to respond. The response to the Minute [31] Through his counsel Mr NJK provided: [31.1] Submissions; [31.2] An affidavit from Mr NJK, and [31.3] An affidavit from Mr Singh. [32] Mr NJK presented a quite different narrative of the events from Ms OLL’s complaint; it is discussed below. 5 [33] Ms OLL responded to the Minute by emails d...

5. NNS v MUL [2014] NZIACDT 18 (26 February 2014) [pdf, 118 KB]

   ...filed the complaint with a copy of material he received. Subsequently both the complainant and the adviser filed Statements of Reply. Further, the complainant filed submissions dated 14 October 2013; the adviser filed a memorandum from counsel, and an affidavit on 1 November 2013. On 5 November 2013, counsel for the complainant wrote a letter regarding the Tribunal’s procedure, and another letter concerning the substantive issues the following day. On 17 December 2013, counsel for the ad...

6. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...to disclose this charge in the client care information. Consideration of the Failures (a) [7] The practitioner’s response to failure (a) was that reg 11(1) did not require that a control account (cashbook) be maintained. He said in his affidavit dated 21 December 2018 that he checks his trust account on a daily and often on a number of times during the day. He receives a print out of the trust account every second or third day when the trust accountant reconciles the trust...

7. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   ...subsequent processes had had and the importance of enabling members of the Society to have access to the process by which any consent order would be made. Evidence [20] Prior to the hearing, the councils filed and served the following evidence: a) The affidavit of Peter Lindsay Blackwood sworn on 23 November 2020; b) The joint affidavit of Christopher Ian Massey and Timothy Reginal Howard Davies affirmed on 23 November 2020; and c) The joint affidavit of Craig Barry Batchelar and...

8. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...statement of complaint (1 October 2018) with paginated supporting documents. [28] There are no submissions from the complainant. [29] There is a statement of reply (8 November 2018) from Mr Moses, counsel for Ms Ramos. This is supported by an affidavit from Ms Ramos (sworn 8 November 2018). [30] No party has requested an oral hearing. Explanation from Ms Ramos [31] According to Mr Moses, the first ground of complaint is understood to relate to the adviser not acting professio...

9. Tana v Mahanga - Pukahakaha East 5B (2022) 255 Taitokerau MB 229 (255 TTK 229) [pdf, 267 KB]

   ...4.2(3)(a) and (b) and 4.2(5)(a). I note that the physical copy of the application filed with the Court is signed and dated by the Applicant, 11 July 2022. [8] No evidence was filed in support of the application on 8 July 2022. The first affidavit that was filed in support of the review application is sworn and dated 11 July 2022 so it could not have been filed any earlier. Therefore, the application filed also failed to comply with rule 4.2(5)(b). [9] In addition, neither t...

10. [2023] NZEmpC 18 Cronin-Lampe v The Board of Trustees of Melville High School [pdf, 254 KB]

    ...summarising their position. The parties’ cases [10] Mr White submitted that a direction should be made that to the extent a brief of evidence goes beyond the limits of what is permitted, it ought not be read, rather than the defendant filing affidavits responding to the offending material. He said that with the reply evidence coming in late, it was impossible to respond to the offending material. [11] He relied on r 9.7 of the High Court Rules 2016 (HCRs), which outlines the...