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  1. [2025] NZLCDT 25 Auckland Standards Committee 1 v Wintour (7 May 2025) [pdf, 203 KB]

    ...the liability hearing, claiming protective concern for his family members. He fabricated false versions of how he came by the information, attempting to mislead the Standards Committee and the Tribunal. As part of that strategy, he swore false affidavits. [2] Mr Wintour is a senior criminal barrister with technical competence. He enjoys good relationships with colleagues. It has been disappointing to witness the unhappy aspects of his character that emerged through this disciplina...

  2. Rogers v Wiringi - Succession to Ngahuiatapu Rogers [2024] Chief Judge's MB 1844 (2024 CJ 1844) [pdf, 272 KB]

    ...mistake or omission 7. The Court Minutes at 282 Rotorua MB 131-133 (6 July 2004) indicated that the process of succession to the deceased ought to have seen all of her Māori land interests vested in all of her five issue. 8. Part 3 of an Affidavit in Support of Application for Order Vesting Interests Held by an Administrator in the Persons Beneficially Entitled as executed by Mrs Ruaine on 1 August 2000 and made under oath before John Hughes, Solicitor, Rotorua contained the...

  3. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

    ...Factual Background [3] It appears that the facts are not greatly in dispute and the defendant has accepted the chronology of events annexed to the submissions filed by counsel for the plaintiff. The following factual findings, based as they are on affidavits and without the benefit of cross-examination of witnesses, should be regarded as tentative only. [4] The plaintiff (Hally) is a privately owned adhesive labelling company, with over 45 years experience in Australasia. It h...

  4. Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) [pdf, 478 KB]

    ...owners, did not cast the votes in accordance with oral instructions, and (b) two nominees, Tui Warmenhoven and Ellen Stone, were given more time to speak than the others so that the election process was unfair. [15] Mr Donnelly put in evidence an affidavit from Mr Aupouri, which stated that Mr Aupouri held approximately 120 proxy votes and that he voted contrary to the proxy givers’ wishes by voting for nominees other than those he was instructed to vote for. He also stated...

  5. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

    ...and are the subject of the second interlocutory application also the subject of this judgment. Issues of limitation have been raised. As stated earlier, an application for leave pursuant to s 4(7) of the Limitation Act 1950 has been filed. Affidavits in support, in answer and reply have been filed by the parties. 2 Employment Relations Act 2000, s 114(1). 3 Cronin-Lampe v Board of Trustees of Melville High School [2014] NZ...

  6. Langhorne v ACC [2010] NZACA 4 [pdf, 286 KB]

    ...at the date of her injury, and then calculated according to the section formula. [5] Additionally it was explained that the appellant seeks costs on an indemnity basis for both the review and the appeal. [6] With the papers was filed an affidavit of Warren James Miller in support of the application for leave to appeal which was sworn on 26 November 2008. Some brief background material from Mr Miller’s affidavit in support provides helpful context. [7] Mr Miller is Ms Langh...

  7. Human-Rights-Commission-R-v-Lincolnshire-Coroner.pdf [pdf, 123 KB]

    ...whom he did not in fact call, and because the family's advisers would have liked to have had the opportunity to make suggestions about other witnesses the coroner might call. 37. Mr Fitzgerald called in aid in support of his submissions an affidavit sworn by Deborah Coles, the Co-Director of an organisation called INQUEST, which advises families whose members have died in controversial circumstances. This organisation focuses particularly on deaths in custody. Ms Coles said that in he...

  8. [2013] NZEmpC 37 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 61 KB]

    ...application to reopen the investigation in the Authority will be made and will be prosecuted promptly. [9] The next matter on which the Court needs to be satisfied to a better standard is the company’s financial position. I have Mr Hinchcliff’s affidavit that says that it is unable to pay the debt due to Mr Dell but, in the circumstances, I would expect to be provided with better evidence of that. That better evidence would probably include affidavit evidence from the company...

  9. [2013] NZEmpC 146 Strawberry Tree Ltd v Tuckett & Parr [pdf, 65 KB]

    ...needed to make an application for leave in accordance with the regulations. [9] Mr Kavanagh was extremely slow in his response to that advice. On 11 February 2013, he filed a bare application for leave but it was not accompanied by the required affidavit. Despite repeated reminders over the following three months, Mr Kavanagh took no further steps. On 7 May 2013, the Registrar told Mr Kavanagh that, unless a proper application was made by 4 June 2013, the matter would be referr...