Search Results

1. Smith v Smith - Waipaoa 5A2 (2017) 70 Tairāwhiti MB 161 (70 TRW 161) [pdf, 229 KB]

   ...proceedings to confirm the agreement, and it was accepted that Bruce would provide the combination for the lock on the gates to allow access to the land. There was no requirement for “unrestricted access” as implied by Bruce. According to the affidavits of Tim and Frank, the discussion was not heated, no threats were made, and the matter was resolved within a few minutes. They provided copies of communications between both parties’ counsel as evidence of the agreement. Mr Wa...

2. LCRO 142/2016 TR v YV (28 November 2018) [pdf, 181 KB]

   ...advice ... 9.5 Where a client may be eligible for legal aid, a lawyer must inform the client of this and whether or not the lawyer is prepared to work on legally aided matters [14] Mr YV was not a legal aid provider, but it appeared from Ms OP’s affidavits that she would have qualified for legal aid. However, the Committee accepted that Mr YV had advised her that she was eligible, but that he was not prepared to act on that basis. Nevertheless, Ms OP continued to instruct Mr Y...

3. [2016] NZEmpC 162 Broadspectrum v Nathan [pdf, 119 KB]

   ...3 Nathan v Transfield Services (New Zealand) Ltd, above n 1, at [86]. 4. Mr Nathan is awarded costs in the Authority proceeding in the amount of $7,000. [5] This application for a stay was filed on 10 November 2016 and supported by affidavits from Mr Proffitt and Ms Wilkinson. The application for leave to appeal to the Court of Appeal was filed on 14 November 2016. The Court of Appeal has not yet allocated a hearing date for that application although Mr Upton, counsel fo...

4. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [pdf, 142 KB]

   ...17(a)–(c) and 18(a)–(c) of the Code. It was his honest but mistaken belief that Absolute Immigration was his client, not Messrs E and B. This led to his failure to directly engage with them. [24] However, as explained in Mr Croxson’s supporting affidavit, it was his view that he had conducted himself at all times professionally, honestly and diligently. The record did not disclose a general lack of probity. The applications filed with Immigration New Zealand for Messrs E...

5. LCRO 117/2018 VR v BJ (30 August 2019) [pdf, 183 KB]

   ...an “accompanying” photograph. [9] The claimant instructed Ms BJ on 13 October 2016 “to issue liquidation proceedings” for “non-payment of the demand”. On 27 October 2016, the statement of claim, notice of proceedings, and verifying affidavit prepared by Ms BJ were filed in the High Court at Nelson. [10] Service of those proceedings was made on Mr VR’s company on 11 November 2016. Mr VR’s company responded that day by paying $1,230 to the claimant. Also that da...

6. McArthur Ridge – EiC – D T Jordan - Viticulture (4 Feb 2021) [pdf, 228 KB]

   ...when I state I am relying on the advice of another person, this evidence is within my area 3 of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Scope of Affidavit 12 This affidavit addresses: (a) Background to the NZ Wine Industry (b) Background to the wine industry in Central Otago (i) Basic commercial and economic benefits of vineyards in Central Otago: (A) Regional contribution of c...

7. [2020] NZEmpC 114 Ikundabose v McWatt Group Ltd [pdf, 242 KB]

   ...an order for security for costs. [4] This judgment deals with the application for a rehearing and will then revert to dealing with the issue of quantum of costs arising from the substantive judgment of 18 December 2019. Evidence by way of affidavits and submissions from the parties on these matters have been received. These have all been considered even though Mr Ikundabose has been extended some leniency by further memoranda and emails being accepted from him which he was not...

8. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...Name suppression sought [14] In the meantime, on 3 June 2015 Ms Sax filed a memorandum in which she sought anonymity. On 12 June 2015 Ms Sax filed submissions supporting her application for name suppression and on 23 June 2015 Ms Sax also filed an affidavit in support of that application. [15] Police did not object to name suppression being granted and on 3 July 2015 the Tribunal issued interim orders prohibiting publication of her name, occupation or any other details which may lea...

9. Austen v Far North District Council - Okahu 3B2A and Okahu 3B2B2D (2022) 252 Taitokerau MB 87 (252 TTK 87) [pdf, 284 KB]

   ...evidence has been filed in an adhoc manner often attached to memoranda or simply emailed to the Registrar. To ensure this application progresses in an efficient manner, I direct that all 252 Taitokerau MB 99 evidence is to be deposed by sworn affidavit. All relevant documents should be exhibited to those affidavits. The witnesses deposing the affidavits will need to be available for cross-examination unless leave is granted excusing their attendance. I direct as follo...

10. Watson v Day - Torere Section 64 (2024) 310 Waiariki MB 227 (310 WAR 227) [pdf, 286 KB]

    ...is not for us to issue a ruling on that point. But our ruling on the valid votes should at least allow the committee of management to confirm the final outcome of the votes in relation to those special resolutions. [25] Mr Watson has filed the affidavit of Joshua Watson dated 29 September 2023, where he gives evidence as to the results of the votes. Joshua Watson had previously given evidence in the 2014 proceedings, and at that time, no issue was taken to his evidence. He says that...