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1. Matthews v Matthews - Estate of Graham Ngahina Matthews [2016] Māori Appellate Court 212 (2016 APPEAL 212) [pdf, 218 KB]

   ...and resources the appellant has given to the appeal and their degree of success; (b) the appellants’ total legal costs are $40,767.50 (incl GST) excluding $1,421.50 for disbursements. That total includes 20 hours for briefing and settling affidavit evidence for an application to adduce further evidence which was ultimately not granted and dismissed by this Court; (c) while the further evidence was not admitted, the preparation of it was integral to the preparation, briefing a...

2. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...licence as a gold trader which enables him to trade gold overseas. The appeal by Mr XXXX [17] Mr XXXX did not attend the hearing to give evidence or make himself available for cross examination. His case is contained in his notice of appeal, his affidavit and the written submissions of Ms Taylor-Cyphers dated 25 July 2016 and her oral submissions at hearing. In his affidavit Mr XXXX says that: a) The Ministry has failed to provide any evidence that he has received an income....

3. Harland v ACC [2012] NZACA 6 [pdf, 408 KB]

   ...letter, which I accept as amounting to an application by Ms Nee Harland to reinstate the appeal under ACA No. 02/05. [7] The Corporation filed a formal opposition and submissions from Mr McBride, with a bundle of relevant documents and a supporting affidavit from Mark Davis, who was employed by the Corporation as an Improvement Analyst between 2002 and 2008, to address the large volume of attendant care applications arising from the publicity surrounding the then recent decision o...

4. AT v ZH & Ors LCRO 127/2013 (26 March 2014) [pdf, 123 KB]

   ...participated in the review hearing. [33] In addition to the materials that were before the Standards Committee, which include the bills, timesheets and hourly rates, the parties filed further submissions, gave evidence, and Mr AT produced an affidavit sworn by Mr TE, all of which I have carefully considered. [Paragraph redacted] [34] Having considered the substance of the dispute over the amount of the bills, the outcome of this review is that the lawyers charged Mr AT a fee...

5. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...The trustees have obligations to all the beneficial owners. [13] Counsel argues that the applicant has failed to file further particulars and accordingly the applications should be dismissed as being without merit and form. She says that the affidavit filed by Mr Karena is devoid of further particulars. Ms Sykes submits that the matters concerning the history of the block, access and boundary are issues that will be dealt with by way of Waitangi Tribunal hearings....

6. LCRO 27/2018 DY v UQ [pdf, 142 KB]

   ...[DY] to call a Mr [MD] but that Mr [DY] said that because of his prior record that that would not be worthwhile. Mr [DY] then attempted to call Mr [MD] at trial but it was ruled that could not occur because Mr [DY] had failed to put Mr [MD]’s affidavit evidence to the Crown witnesses. This occurred because Mr [MD] had not been briefed. Further, Mr [UQ] alleges Mr [DY] only met him twice before trial, on both occasions for approximately 5 to 10 minutes and that Mr [DY] had not taken...

7. Chief Registrar - Matauri X Incorporation [2005] Chief Judge's MB 276 (2005 CJ 276) [pdf, 962 KB]

   ...reason that I instructed counsel, Brian Fitzpatrick, and limited his involvement to producing documents to the court which may be of relevance to your hearing of the application." [28] The documents produced in the learned Judge's first affidavit confirmed that limited involvement. They related in the main to internal memoranda between the l'VIinute Book: 2005 CJ 284 Judge and NHiori Land Court staff, personal diary notes or file notes about the work of those appoin...

8. LCRO 252/2016 MY on behalf of BAT Ltd (12 March 2019) [pdf, 250 KB]

   ...or not. c. The Applicant has sought for the dispute to be resolved through arbitration through correspondence with the Respondent and through lawyer, however the Respondent has refused to go through the arbitration process. d. Appearing in the affidavit of [NP] filed in support of this application. [10] The application was filed out of time. Mr BJ filed a Notice of Opposition to the application and prepared submissions in support. Following the High Court hearing on 8 July 2014,...

9. Short v Stowers - Tumu Kaituna 14 (2018) 199 Waiariki MB 188 (199 WAR 188) [pdf, 335 KB]

   ...the land on 14 December 1973 pursuant to s 438 of the Māori Affairs Act 1953 and vested in the Māori Trustee.2 The current trustees are Anaru Bidois, Emily Rota, Malcolm Short, Pirihira Fenwick, Uenuku Fairhall and Waldo Houia.3 [7] In his affidavit attached to the application, Mr Short advised that approximately 90 hectares of the land is constrained from development due to wetlands, beachfront and other environmental and cultural factors, however, 151 hectares is considered cap...

10. [2023] NZIACDT 13 - OT v Ramos (24 April 2023) [pdf, 174 KB]

    ...reaches a different decision, the complainant and his wife will have no further avenue to seek residence as a result of the conduct of Ms Ramos. From Ms Ramos [43] Ms Ramos has produced a statement of reply (20 February 2023), together with an affidavit (20 February 2023). To the extent material, counsel’s submissions in the statement are addressed later. [44] In her affidavit, Ms Ramos accepts that it was her fault the application was not filed on time. This was somethi...