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1. Brown - Motatau 2 Section 23A1B [2019] Chief Judge's MB 311 (2019 CJ 311) [pdf, 339 KB]

   ...Anzac Brown • Huatai Thomas • Heke Brown • Ringa Brown • Hori Tarawau Brown • Matekino James 2019 Chief Judge’s MB 318 [7] At the hearing I heard evidence from Meo Mate Brown and Julie Tulai (nee Brown). Their joint affidavit was read into the record by Julie Tulai. They gave evidence for the uri of Heke and Ida Moengaroa Brown. The whānau line they represent opposed the report of the Registrar. I note a previous unsigned affidavit filed by Julie Tuai...

2. Hutana - Estate of Te Whe Ariki Hutana (2019) 57 Te Waipounamu MB 27 (57 TWP 27) [pdf, 320 KB]

   ...mitigate, if not eliminate, that risk pending determination of the extant proceedings. The injunction is therefore consistent with the Act’s objectives. [34] I note, for completeness, that Part 9 the Māori Land Court Rules 2011 contemplates affidavit evidence in support of an injunction application.19 Some evidence was given at the 11 June 2019 hearing, but in any event having regard to the circumstances of the case I am prepared to dispense with the need for formal affidavit evi...

3. LCRO 166/2018 KZ v AB (16 July 2019) [pdf, 150 KB]

   ...same day, Mr KZ was declared bankrupt. 2 [5] In his submissions for the respondent, dated 14 May 2019, Mr GR says [Law Firm A] (the firm employing Mr AB): were asked by the liquidators to represent Mr KZ in his personal capacity. [6] In an affidavit dated 18 June 2018, Mr KZ says: 4. [The liquidator] provided me a list of lawyers as he believed I required legal advice as he could see that it was possible for my bankruptcy to be annulled and all of my and the companies creditors...

4. LCRO 185/2018 GT v NE (16 July 2019) [pdf, 206 KB]

   ...1 The finance company made demand and appointed receivers on the same day. 2 Mr NE is a consultant to [Company 3]. 3 [14] Mr GT’s complaints were many and varied, and difficult to comprehend. In a 21 page “affidavit” filed with his complaint, Mr GT refers to:3 • a declaration of insolvency made by Mr NE; • allegations relating to a GST payment and refund; • employment related payments; • defamation; • “Illegal” advice relatin

5. Mucalo - Estate of Neri Te Waru [2019] Chief Judge's MB 595 (2019 CJ 595) [pdf, 336 KB]

   ...because of a mistake, error or omission in the presentation of the facts of the case to the Court, in that the land should have been transferred to other members of the whānau and it should not have been converted to general land. [3] In an affidavit filed with the application Ms Mucalo referred to her uncle Tamati Te Maru (also known as Tom or Thomas Te Maru). She noted that he was one of eight children of Hami Te Maru and Matare Te Maru (nee Rapihana). The applicant’s mother...

6. [2020] NZIACDT 15 - KBN v Wharekura - Sanctions (10 March 2020) [pdf, 129 KB]

   ...rehabilitative approach. [27] Mr Moses contends that suspension, rather than cancellation, is sufficient. The total duration of suspension should be six months, including the time spent on interim suspension. Evidence from Mr Wharekura [28] There is an affidavit from Mr Wharekura (sworn 22 October 2019), a witness brief (12 February 2020), and he gave brief oral evidence at the hearing. There is no need to repeat what is set out in the earlier decision. He emphasised that the g...

7. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...were no submissions from counsel for the Registrar, Ms Denmead. [41] There is an adviser’s statement of reply from Mr De’Ath dated 7 July 2016. Counsel for Mr De’Ath, Mr Moses, filed a further statement of reply on 16 November 2016. An affidavit from Mr De’Ath, sworn on the same day, was also filed. Mr De’Ath admits to the breaches of the Code alleged. ASSESSMENT [42] I will deal with each head of complaint in the order in which it is presented in the statement of com...

8. Sneddon - Estate of Thomas Henry Dick [2018] Chief Judge's MB 858 (2018 CJ 858) [pdf, 451 KB]

   ...photos and war medals, a coin collection, some tools and various other items. Miriam remembers returning to Pakanae and the deceased’s home was locked up. It was later destroyed. 2018 Chief Judge’s MB 866 [14] On the file was the affidavit of Lavinia Grace Wilkinson filed with respect to seeking a grant of administration in the High Court dated 11 March 1986 for the estate of Kereihi Tame Mare, the mother of Thomas Henry Dick. In that affidavit she deposed that Thomas...

9. Faulkner v Hoete - Motiti North C No 1 (2018) 173 Waikato Maniapoto MB 2 (173 WMN 2) [pdf, 323 KB]

   ...adjacent airstrip available which is being used by the applicants; and (g) In all the circumstances, it would be in the interests of justice to cancel the injunction orders pending the outcome of the Environment Court proceedings. [14] In her affidavit, Ms Faulkner argued that the Environment Court proceedings should settle the matter one way or the other. If the airstrip is found to be legal and her dwelling in breach of the Plan, she accepted the dwelling will need to be removed....

10. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

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