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1. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...cause considerable angst for Moriori and Ngāti Mutunga. An inquiry is requested.” 5 Te Waipounamu MB 85 [9] The matter was called on 15 February 2010 at Waitangi, Chatham Islands. Prior to then the applicant had filed a voluminous affidavit. He was represented at the hearing and had arranged for witnesses to come from various parts of New Zealand to give evidence. During the course of the hearing it became apparent that both he and his counsel had prepared for and att...

2. NA v AL LCRO 68 / 2011 (10 April 2012) [pdf, 103 KB]

   ...indicated he would be looking for another tenant, at which point in time the Practitioner immediately filed an application for an interim injunction, seeking restraining orders against the developer, sent these to the Applicants for checking their affidavits, and the proceedings were then filed the following week on 5 October (mistakenly recorded by the Judge as having been filed on 11 October). All up these took no more than a week to prepare for filing. There were no concerns e...

3. BU v YA LCRO 153 / 2010 (21 April 2011) [pdf, 90 KB]

   ...is that the Applicant says that two weeks after the Notice of Claim was lodged, the Respondent was in possession of information to show that the property was purchased by the BU Family Trust. That is presumably the information contained in the affidavit sworn on 17 February 2004 by the Applicant in support of an application for an Order that the notice be removed. Judge Geoghegan noted that affidavit was filed in support of applications which were never the subject of a substantive...

4. [2018] NZEnvC 011 Reuters Construction Ltd v Whanganui District Council [pdf, 770 KB]

   ...closely spaced support piles - was erected close to, but within, the boundary of N014 and running close to, and parallel with, the top of the first wall, with the fence between the two walls. On the diagram which is Ex I to Mr Reuter's first affidavit, that second wall is noted as being 1.2S0m high, raising the ground level supported by it to F.G.L 88.00. That accords with the ground level at the top of the first wall, and at the boundary, as shown in the diagram (and the fact i...

5. [2013] NZLCDT 28 Southland Standards Committee v W [pdf, 234 KB]

   ...respondent’s clients; and, (d) Persistent lack of response to the legitimate requirements of the respondent’s clients, and to their family members, to an unacceptable degree. [5] In support of its case the Standards Committee filed affidavits from various practitioners who had observed incidents of the conduct alleged against the respondent, from clients or family of clients concerned about the effects of the respondent’s conduct, and from a Court Registrar who complai...

6. [2018] NZLCDT 24 Auckland Standards Committee 5 v Ellis [pdf, 558 KB]

   ...being for professional services since 10 September 2010. Ms B gave evidence that she did not receive that invoice and that the first time she saw it was on the evening of 11 July 2018 when she received a copy of the respondent’s supplementary affidavit which he swore and filed on 11 July 20182. [18] In that affidavit, the respondent exhibited a copy of the invoice and said that it was posted to Ms B under covering letter of 22 June 2011. He deposed that he deducted the sum on au...

7. Singh v New Zealand Law Society [2017] NZLCDT 20 [pdf, 250 KB]

   ...the Practice Approval Committee (PAC) of the New Zealand Law Society, which declined the appellant’s application on 4 April 2017. Advice of the decision of PAC was given to the appellant by letter of 6 April 2017. [2] The appellant filed an affidavit in support of his appeal and was cross- examined on it before the Tribunal. The appellant called Gabor Cseh as a witness at the hearing. The witness is a neighbour of the appellant living in Kingston, Queensland. He gave evidence...

8. [2021] NZEmpC 52 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 235 KB]

   ...minimum wage. She says the wage and time records provided are false. There is also a claim that the employees were required to pay back amounts of their wages received as premiums. [15] The defendants have denied the claims against them. In an affidavit filed by Mr Sukhdev Singh in support of the applications, he says that the employees did not work the 70 to 80 hours per week as claimed. They believe that bank statements and credit card statements will show transactions at time...

9. MD v KM Ltd [2020] NZDT 1328 (30 January 2020) [pdf, 242 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

10. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

    ...the complaint, and criticise Ms Sidhu. He apparently disputed the facts, but his focus on criticising the Registrar obscured those elements of his response. [11] Accordingly, the Tribunal requested Mr Tan, pursuant to section 49(4)(a), to file an affidavit setting out: [11.1] What he did to comply with the 2010 Code’s requirements for commencing his professional relationship with Ms Sidhu (with specific reference to clauses 1.5(a), (b) and (d) and 9(b) of the 2010 Code)....