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1. [2025] NZLCDT 12 Auckland Standards Committee 4 v O'Boyle (10 March 2025) [pdf, 203 KB]

   ...been dealt with at Standards Committee level and therefore dealt with more cheaply. We disagree because referral to the Tribunal followed Ms O’Boyle’s obstruction of her professional regulator. [8] Both Ms O’Boyle and her husband swore affidavits, and Ms O’Boyle gave additional oral evidence at the hearing about their financial circumstances. [Specific financial detail redacted]. [9] Ms O’Boyle produced no corroborative evidence about her financial position. [10] [S...

2. Hikaiti-Molloy v Hall - Succession to Timi Kaukau [2025] Chief Judge's MB 92 (2025 CJ 92) [pdf, 288 KB]

   ...Although Ms Ormsby did not have a copy of the parental consent, she believed that the documents and information provided evidence that Jim Kaukau was her mother’s natural father. The marriage consent was produced by the applicants and, later, in an affidavit by Edward Daniel Vaikai Ormsby, Grace Ormsby’s brother and the son of Lorraine. The marriage consent was not signed by Jim Kaukau only by Lorraine’s mother, Emily Kaitapu. Both Grace and Edwin claimed confirmed their under...

3. [2024] NZEmpC 252 Soundhomes NZ Limited v Doughty [pdf, 258 KB]

   ...Doughty and his wife. [31] Mr Doughty said that when he and his wife purchased the home in 2017, a family trust agreed to assist the couple by lending $200,000 by way of a term loan agreement. [32] Mr Doughty said that when filing previous affidavits in this matter, in which he described his assets and liabilities, he had overlooked this arrangement. He said that during mediation his wife reminded him of the loan advanced by the trust. [33] On 5 December 2024, the solicitors fo...

4. Auckland Standards Committee v Castles [2013] NZLCDT 53 [pdf, 277 KB]

   ...in the course of the meeting Mr Castles made personal comments about Mr W’s health and emotional fragility. The W’s only learned of this in the course of the complaints investigation when Mr T wrote a statement and subsequently prepared his affidavits for these proceedings. On this basis they complain that there was a gross breach of confidence on the part of Mr Castles. Mr Castles protests that since Mr T was a family member, he assumed he was well aware of the W’s situati...

5. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...The Registrar indicated she did not wish to file any evidence or apply to question any evidence. She said in a memorandum filed by her counsel: “It is submitted that by itself the absence of rebuttal evidence tendered in response [to Ms Kim’s affidavits] does not simply deem the affidavit evidence to be correct. The reliability of the affidavit evidence may be assessed by the Tribunal against the totality of the information it has before it and in the context of the complaint itself....

6. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...dated 6 November 2013 afforded Mr Ward a last opportunity to demonstrate that he held genuine authority to bring and prosecute these proceedings. A direction was given to Mr Ward that: [6] By 5pm on Friday 22 November 2013 Mr Ward is to file an affidavit by a person independent of Mr Pope’s family and independent of Mr Ward who can depose that he or she has spoken to Mr Pope and that Mr Pope has verified to that person that Mr Pope has given his informed and genuine consent to the bri...

7. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [pdf, 259 KB]

   ...advocate contended that the human rights of the couple had been breached by the findings made by the agency concerning the client’s health, character, marriage and the timing of the decision. A High Court Judge had rejected or totally ignored the affidavits presented by the couple’s lawyer, and the Ombudsman had refused to intervene. Immigration New Zealand had acted corruptly to decline the client’s application and then used that as a tool to deny the advocate a licence. Th...

8. LCRO 180/2018 & 186/2018 KM on behalf of XYZ Trust v DF (5 May 2020) [pdf, 159 KB]

   ...ill shortly after being instructed,4 and then departed on a pre-arranged overseas trip for a period of one month from 12 June 2015. [8] On his return, he conducted a site visit on 16 July 2015. [9] The Council first made discovery by way of an affidavit that had been sworn on 18 May 2015, but not delivered to Mr DF until August. [10] Mr KM undertook an extensive and detailed examination of the discovered documents and in emails 12 and 22 September 2015, and pointed out to Mr DF the...

9. Real Estate Agents Authority (CAC 301 & 403) v Tucker [2017] NZREADT 4 [pdf, 152 KB]

   ...(rather than being a “one-off” event), and continued after the District Court proceedings and the first charge being laid. It is not open to Mr Tucker to rely on previous good character. Submissions for Mr Tucker [18] We note, first, that an affidavit sworn by Mr Tucker was filed with his counsel’s submissions on penalty. In large part, Mr Tucker repeated what he had said at the hearing of the charges; in particular, the explanations he gave for particular actions, and his...

10. [2019] NZEnvC 159 Auckland Council v Noe [pdf, 826 KB]

    ...that all activities listed as permitted in Table E30.4.1 must comply with the listed permitted activity standards, including: a. Standard E30.6.1.4.1 which sets the permitted activity soil acceptance criteria for contaminants. As set out in the affidavit of Samuel Lindsay Woolley dated 6 September 2019, the concentrations of lead and zinc had been exceeded. a. Section 9(2) of the RMA, which prohibits the use of land in a manner that contravenes a regional rule, unless the use is expr...