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1. [2024] NZEmpC 23 Soapi v Pick Hawke’s Bay Inc [pdf, 177 KB]

   ...indicated, Mr Oldfield, counsel for the plaintiffs, advised that they would abide the decision but sought to have further conditions imposed beyond those that were volunteered. What prompted the request for additional conditions was the supporting affidavit from Horticulture NZ’s Chief Executive, which was criticised as going beyond what might be expected from a potential intervener in certain comments made about the value of the horticulture industry, the role Horticulture NZ has...

2. LCDT-form-H-appln-Restor-of-Practs-Name-form-July-25 [pdf, 503 KB]

   ...or to the Register of Conveyancers. To the chairperson of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal and to: (Please tick to confirm)  The New Zealand Law Society or  The New Zealand Society of Conveyancers Part 2: Affidavit This application for restoration of my name to the Roll of Barristers or Solicitors, or to the Register of Conveyancers, is supported by an affidavit made by me On the Day of 20 Part 3: Grounds for application for restoration of na...

3. LCDT-form-J-appeal-dec-LS-or-convey-refuse-decline-cert-form-July-25 [pdf, 486 KB]

   ...New Zealand Society of Conveyancers The appeal is made in reliance on: section 42 read with sections 39 and 41 of the Lawyers and Conveyancers Act 2006 LCDT 01/07/2025 - J Part 2: Please state the grounds for the appeal and attach a supporting affidavit Part 3: Address for service Address for service Name Postal Address Street Suburb City/town Post code Contact details Contact phone number Mobile Fax Email Part 4: Signature Full name Position Signature o...

4. LCRO 106/2018, 107/2018, 170/2018 and 181/2018 SY, [SAL] and DT v [Area] Standards Committee [X] (22 August 2019) [pdf, 462 KB]

   ...accounts at a time when there was no director, Mr DT said that he did not recall giving that advice; however, if he did then the reason would have been that there was a current account due to (A) and Mrs O from the company. [50] Mr DT also swore two affidavits during the course of the injunction proceedings. Both have been referred to by counsel for Mr DT (although only the second, or supplementary, affidavit was provided as part of Mr DT’s review application). [51] In very g...

5. [2015] NZEmpC 38 Davis v Commissioner of Police [pdf, 109 KB]

   ..."were 16 Moodie v Employment Court [2012] NZCA 508 at [38]. too afraid to come forward because of job repercussions" but no names have been provided and there are no supporting affidavits from the people involved confirming what their evidence would be. As Mr Child correctly submitted, Mr Davis has not attempted to properly explain or particularize the alleged new evidence and his mention of it is vague, non-spe...

6. Auckland Standards Committee v Witehira [2012] NZLCDT 5 [pdf, 107 KB]

   ...accompanying bank deposit slip had both been signed by Mr Witehira. 1 Lawyers and Conveyancers Act (Disciplinary Tribunal) Regulations 2008, clause 25 requires that all evidence must be given by affidavit unless the Tribunal allows otherwise. 3 [7] In the second unauthorised transfer of client funds, Mr Witehira took an amount of $810.15. The trust account cheque for this amount was also lodged to the same bank account as...

7. VX & VXZ v North Island Standards Committee LCRO 126 / 2012 (5 June 2013) [pdf, 103 KB]

   ...The implication here would appear to be that WAA were assuming the obligations of VXZ to its clients in respect of the funds. That is a concept which does not sit comfortably with a lawyer’s direct obligations to his or her clients. [36] The affidavit from Mr WD (the firm’s accountant) provided in the course of this review, only serves to further underline the reality that in terms of the Act and the Trust Account Regulations, the funds were under the control of VXZ. I refer t...

8. WA & WB v North Islands Standards Committee LCRO 127 / 2012 (5 June 2013) [pdf, 96 KB]

   ...clients”.8 The implication here would appear to be that WAA were assuming VXZ obligations to their clients in respect of the funds. That is a concept which does not sit comfortably with a lawyer’s direct obligations to his or her clients. [33] The affidavit from Mr WD (the firm’s accountant) provided in the course of this review, only serves to further underline the reality that in terms of the Act and the Trust Account Regulations, the funds were under the control of VXZ....

9. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...filed a joint memorandum indicating agreement had been reached on the provisions. Processing of the application [3] The application was filed by original Notice of Motion under s 291, and seeks amendments to the Plan on the bases set out in the affidavit of Ms ML Sitarz accompanying the Notice of Motion. [4] It is noted that the parties have met and mediated a resolution and have produced a joint position. Section 76(6) directs that such application is under s 291 of the Resource...

10. Mihaka v Housing New Zealand Corporation (Recusal Application) [2017] NZHRRT 7 [pdf, 227 KB]

    ...application must be filed and served no later than 5pm on Friday 16 December 2016. For the reasons set out in the earlier Minutes, full and proper grounds must be provided. All allegations against Mr Shirley must be particularised and supported by an affidavit. It is not acceptable for Mr Mihaka to simply repeat the vague and unparticularised allegations which appear in the email earlier referred to. Unless a factual foundation can be established it would be unfortunate were the applic...