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1. Baker - Totaranui A3A (2016) 57 Tairawhiti MB 98 (57 TRW 98) [pdf, 157 KB]

   ...land. [16] Both orders are to be amended as detailed below. Mr Baker’s Application Evidence Filed [17] Along with the numerous documents filed indicating that the Totaranui A3A had been sold to Mr Baker, he also filed an extremely helpful affidavit. In that affidavit he deposed that: The purchase of Totaranui A3A and A4 5. I am a beneficiary of the Totaranui A6 trust, which was the true owner of Totaranui A3A and A4 (and other blocks). 6. In about 1996, I found out...

2. LCRO 186/2015 TL RH LTD & TL HOLDINGS LTD v QG (6 July 2018) [pdf, 118 KB]

   ...beyond 6 May 2014 in his letter of 28 April 2014, not that he took no active steps after 6 May 2014. Mr QG confirms that he advised the VM’s of timetabled directions, dates for compliance and other obligations. Mr QG refers to a supplementary affidavit of documents that would have been prepared if the VMs had been able to obtain the documents to list, which they were not. Mr QG says he had no indication the VM’s were refusing to comply with their discovery obligations. He un...

3. [2020] NZEmpC 150 Shaw v Bay of Plenty District Health Board [pdf, 235 KB]

   ...That under-preparation was also apparent in the advice given to the Court by Mr Halse, that an application for further disclosure is likely. For completeness, the DHB denies it possesses further undisclosed documents and is prepared to file an affidavit to declare it has met its disclosure obligations. [30] Issues about the state of preparedness of Ms Shaw’s case aside, her decision to withdraw Mr Halse’s instructions places a different complexion on the application to adjourn....

4. [2021] NZIACDT 11 - YC v Han (19 May 2021) [pdf, 210 KB]

   ...2019. At that time, her interim visa had not expired. Mr Wan had offered to seek a reconsideration and later a s 61 request, without charge. This amounted to a failure to mitigate some of the losses she might otherwise claim. [18] In her “affidavit” (actually a witnessed statement) of 17 December 2020, Ms Han provided her comments to each of the professional breaches alleged by the Registrar, admitting breaches of cls 1, 18(a) and 19(c), but not cl 26(b). To the extent rel...

5. ABC Trust v G Ltd [2021] NZDT 1307 (16 April 2021) [pdf, 247 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

6. Stender v Evans - Tokata A15 (2006) 75 Ruatoria MB 214 (75 RUA 214) [pdf, 283 KB]

   ...Supported by Hapu Members [4] In April 2005, the Maori Land Court in Gisbome received 3 applications concerning Tokata A15 block filed by Mr Ron Barber (counsel) on behalf of his client Te Maria Lily Stender in respect of Tokata A15. A supporting affidavit from the applicant was also filed. [5] The first was an application ex parte for an injunction pursuant to section 19(1)(b) of Te Ture Whenua Maori Act 1993 prohibiting the owner, Mr Trevor Joseph Evans from selling or offering...

7. Barnett - Waotu North 2H2, 2H3 and 2H4 (2005) 286 Rotorua MB 258 (286 ROT 258) [pdf, 657 KB]

   ...the records of the Court this block was created by parti60n order on 12 March 1981. There are four owners, the Applicant, Beverley Barnett, Brian Barnett and Rosalie Thurston. They hold equally 0.21875 of the 0.8750 shares in Waotu North 2H4. The affidavit of Dorothy Barnett, the widow of James Allen Barnett and the mother of the Applicant, states that her late husband purchased Waotu North 2H1, 2H2, 2H3 and 2H4 on 4 November 1949. She says that all of the land in the area owned and farme...

8. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

   ...directions conference proceeded on that basis. [4] However, on 13 February 2019, Ms Mathieson filed a memorandum stating she had received advice that WHCL had not made the payment on time through inadvertence. Attached to her memorandum were five affidavits. She said that these showed WHCL had intended to make the payment by 21 December 2018, that some steps were taken to enable this to occur, but instructions were not given to the particular employee whose responsibility it wa...

9. Taylor v Corrections (Jurisdiction) [2019] NZHRRT 17 [pdf, 250 KB]

   ...greater than the general public as to whether the Chief Executive had acted lawfully in withholding the contents of the letter from Mr Hunter and subsequently, from Mr Taylor himself. [23] By subsequent memorandum dated 17 July 2015 (supported by an affidavit sworn by Mr Hunter on the same date) Mr Hunter adopted the submission made by Mr Taylor and explained his involvement in the case was necessary to demonstrate that Corrections (allegedly) “has a particularly poor attitude when it...

10. [2020] NZEmpC 84 BEO v Vice-Chancellor of the University of Auckland [pdf, 229 KB]

    ...Authority Member then considered whether the health of BEO might raise this case to the “rare” case status and, in that context, Member Robinson included the paragraph BEO now seeks to challenge: [53] Whilst I accept, based on the untested affidavit and medical evidence, that the Applicant is currently experiencing some severe health issues, I do not find after due consideration that this elevates this case into the ‘rare’ category of cases in which an employer is restrai...