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1. Austell v Somerset LCRO 76 / 2009 (2 September 2009) [pdf, 113 KB]

   ...letter enclosed the forms previously submitted to the Auckland District Law society (request for fees review and request for complaint investigation), a five page letter of Ms Somerset dated 18 August 2008 outlining her grievances and a copy of an affidavit filed in Court by Mr Austell (in an action to recover fees) with hand-written notations on it that was particularly objected to by Ms Somerset. The letter from the Law Society stated that its purpose was to notify Mr Austell of t...

2. Apatu v Trustees of Owhaoko C Trust - Owhaoko C 1 and C 2 [2010] 2010 Maori Appellate Court MB 34 (2010 APPEAL 34) [pdf, 116 KB]

   ...Mr Apatu has appealed the refusal by Judge Coxhead to remove the trustees pursuant to s 240 of TTWMA. The Lower Court Hearing [6] From the record on appeal we note that voluminous documentation was available to the Lower Court in the form of affidavits and documents filed by Mr Apatu, an affidavit by Mr Wero Karena and an affidavit by Ms Huata-Kupa. The Lower Court was not assisted by some of the evidence traversing matters which had been the subject of a previous 2003 Lower Cour...

3. [2018] NZEnvC 198 Aquastar Holdings Limited v Kawerau District Council [pdf, 841 KB]

   ...problem did not require an engineer's report with unneoessary costs when rectification of the leakage can be easily fixed. [8] On 29 August 2017, Ms, Bhana filed an application for a stay of the abatement notice, together with her memorandum and affidavit in support. Essentially, Aquastar sought time to negotiate with the Council to resolve the issues arising from the abatement notice. [9] On 28 August 2017, t~e Kawerau District Council applied for an enforcement order agains...

4. Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 (26 October 2022) [pdf, 183 KB]

   ...partner, the assessor Ms G, and those clients of Mr Tennet who were mentioned or named in documents in the course of the investigation or the hearing. Those orders remain in force, pursuant to s 240 of the Act. [64] The Standards Committee shall file affidavits and submissions for penalty within 21 days from delivery of this decision. Mr Tennet shall file affidavits and submissions for penalty within 21 days thereafter. The matter shall be set down for a half-day hearing to deter...

5. [2024] NZIACDT 01 RN v Li (8 Janurary 2024) [pdf, 268 KB]

   ...Ms Tagg provided to the Tribunal on about 17 November 2020 copies of the complainant’s communications, as directed by the Tribunal in Minute 1 (12 October 2020). On 2 December 2023, Ms Tagg provided the complainant’s response to Mr X’s affidavit (undated). A revised response to Mr X’s affidavit (undated) was then produced at the commencement of the hearing. From Mr Li [38] Mr Laurent has filed a memorandum (6 September 2019) on behalf of Mr Li. [39] Counsel notes th...

6. FINAL_FLS_Lawyer-for-Child-Best_practice_guidelines_29.4.24.02.pdf [pdf, 432 KB]

   ...hearing. 11.4 The lawyer should advise the person providing the information to exercise judgement in terms of the need to preserve the relationship between that professional and the parties. 11.5 Where possible, information should be introduced by an affidavit with an exhibit attaching a letter and/or report from the person who can confirm the truth of the information. 11.6 The lawyer should consider having information from third parties admitted as evidence by consent, including famil...

7. Otago Standards Committee v Davidson [2012] NZLCDT 39 [pdf, 160 KB]

   ...involved serious misconduct involving high levels of culpability. In mitigation it acknowledged that Ms Davidson had co-operated with its investigation and readily admitted what she had done. 1 Affidavit of Helen Irene Davidson dated 10 December 2012, Exhibit “D” at paragraph 15 – 17. 2 Ibid, paragraph 21 of Affidavit. 5 [16] Other factors the Standards Committee accepted as mitigating the position were that Ms...

8. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

   ...required. Once I have your written reply, your correspondence will be referred to the Chairperson with a view to him giving directions as to the procedure to be followed. This may include the filing of a formal application together with a supporting affidavit. In any event, it will be necessary to allow the defendant (or defendants) an opportunity to be heard. Please reply by return mail. [12] In an email response dated 19 November 2013 Mr Brown did not provide the clarification so...

9. [2018] NZEmpC 63 Lorigan v Infinity Automotive Ltd [pdf, 342 KB]

   ...particular, by “Inviting, hosting and also preparing statements for past and present employees with the sole purpose of coercing ‘will-say’ statements to vexatiously the legal process and results”. [38] Then, Mr Lorigan set out Mr Leathley’s affidavit of 20 December 2017, which as I will explain shortly was considered in my earlier judgment of 6 December 2017.13 [39] Mr Lorigan’s memorandum was discussed with the parties at the directions conference held on 16 April 20...

10. [2020] NZREADT 28 – Daji v Real Estate Agents Authority (25 June 2020) [pdf, 226 KB]

    ...compliance with r 9.10. [39] We record that Mr Marshall did not wish to file submissions in relation to the appeal, beyond the evidence provided to the Committee. Application to adduce further evidence [40] On 20 May 2020, Ms Daji affirmed in an affidavit that she was not aware that the issue of compliance with r 9.10 was a matter that the Committee expected her to address in her response to the complaint by Mr Marshall. She stated that she is well aware of the requirements of r...