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1. ENVC Hearing 6Oct14 NPI Trust Lucy Tukua [pdf, 172 KB]

   ...heard. My role as the Environment Manager (Interim) for Ngati Paoa Iwi Trust (iwi Trust) commenced in December 2013. I was previously a Trustee for Ngati Paoa Trust Board (Trust Board) and resigned as a Trustee on 2nd September 2013. I refer to my affidavit dated 18th July 2014 in support of Application by Ngati Paoa Iwi Trust for Waiver and s274 Party status and reaffirm: 1. That the Iwi Trust is the mandated representative for Ngati Paoa as mana whenua, mana moana in relation to re...

2. [2014] NZEmpC 139 Brown v Richard & Jennifer Adams t/a Untouchable Hair & Skin [pdf, 64 KB]

   ...a statement of claim on 7 May 2014; Ms Brown filed a statement of defence on 10 June 2014. [3] In this proceeding (CRC 17/14), the applicant filed an application for leave to file a cross-challenge out of time on 10 June 2014 supported by two affidavits. The respondent has filed a notice of opposition dated 12 June 2014 supported by a memorandum. [4] Although a non de novo challenge has been advanced by the respondent in CRC 11/14, the applicant wishes to raise issues that per...

3. Practice note: Children's supervised contact [pdf, 110 KB]

   ...including the FAM reference number, the custody and access orders, parenting orders and orders under the Domestic Violence Act 1995, Care of Children Act 2004 and Children, Young Persons, and Their Families Act 1989, and such relevant applications, affidavits, reports and memoranda as the Judge shall permit; (d) the reason(s) for the request for supervision and, in particular, any concerns for the safety and welfare of the child(ren); and (e) the nature and extent and length of period...

4. Waikato Bay of Plenty Standards Committee v Greaney [2014] NZLCDT 42 [pdf, 25 KB]

   ...breach of her obligations as an officer of the court and in summary affects the public’s confidence in the profession as a whole.” [8] We accept those submissions. The evidence in support of the submissions and charge is set out in the affidavit of Constable Stokes who was the apprehending Officer and was also involved in dealing with Ms Greaney subsequent to her having been apprehended, in relation to service upon her of the various charging documents and was able to provid...

5. Auckland Standards Committee v Hollins [2014] NZLCDT 66 [pdf, 48 KB]

   ...that, had her health been stronger, she would have been in a position to facilitate and ensure this happened. Having said that, there is no issue about these advances in any sense relating to the practitioner’s honesty. The client has sworn an affidavit in support of the practitioner which makes it clear that not only did he advance the funds to her of his own free will and to assist her, but also that the practitioner had “made it very clear to me that I should get independent...

6. Tabram v Slater [pdf, 17 KB]

   ...and had no merit. [10] The Slaters’ oppose this application on the ground that the relevant evidence was already before the Tribunal as a result of MPTL’s application for removal. This submission has no merit. Mr Slater provided an affidavit in support of the Slaters’ opposition to MPTL’s application for removal stating that Mr Paul inspected Mr Tindale’s work and that it was ‘extraordinary’ that Mr Kathagen denied the origin of the producer statement and wo...

7. Wu v Manukau City Council [2011] NZWHT Auckland 65 [pdf, 77 KB]

   ...asking whether Kaizon would act as a registered building surveyor and/or certified engineer. Paragraph 6(b) of that letter stated that the cost of Kaizon’s services would be paid by the owners and not Mr Marshall. Page | 4 [9] The affidavit of Liang-Yuan Wu filed 17 August 2011 attached the documents relevant to the events leading up to the negotiation of a contract with Kaizon. The revised offer of service dated 5 April 2011 from Kaizon was addressed to the claimants...

8. BORA New Zealand Sign Language Bill [pdf, 95 KB]

   ...instance, the Children, Young Persons & their Families Act 1989 and the Mental Health Compulsory Assessment & Treatment Act 1992). Moreover, Rules 510 and 512 of the District Court Rules and High Court Rules respectively allow parties to submit affidavits that are prepared in languages other than English so long as an English translation is annexed thereto. 12. In summary, we do not consider that the remedial measures in Clause 7 of the Bill, which provides the right to use NZLS...

9. WHT - Guidelines for self represented claimants on documents required for hearing [pdf, 78 KB]

   ...should be numbered and the appendices indexed. 3. Documents that have previously been provided as either discovery documents or in procedural applications that may be relied upon at hearing should be re-filed as part of the hearing documents. Affidavits or witness statements filed in relation to procedural applications will generally be transferred to the hearing file and accordingly do not need to be filed again with the hearing documents. 4. All hearing documents (i.e. witness s...

10. IAA v Sparks [2013] NZIACDT 22 (28 March 2013) [pdf, 55 KB]

    ...was not required or appropriate, and there had already been significant cost in dealing with the complaint. Further that the complaint was based on more serious allegations than the elements of the complaint that were upheld. Mr Sparks submitted affidavit evidence, which was not challenged, though the Authority persisted with the more serious allegations. Discussion [12] I am satisfied Ms Maerean’s situation is significantly different from Mr Sparks. Ms Maerean was in a position wh...