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1. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...no such evidence is provided to our satisfaction then the orders of Judge Reeves for repayment on this issue will be affirmed. [10] We granted leave to file additional evidence on or before 12 June 2019. The second appellants subsequently filed affidavits by Robyn Power and John Butler, dated 12 June 2019. There was also an attempt to file supplementary affidavits by both John Butler and Ms Power, dated 28 August 2019, well outside the two-month period that we had granted. No lea...

2. [2006] NZEmpC AC 35/06 Wackrow v Fonterra Cooperative Group Ltd [pdf, 34 KB]

   ...costs, the Authority took into account Mr Wackrow’s financial circumstances at the termination of his employment. It ordered that Fonterra was to pay him $4000 plus $365.40 general disbursements. His claim for $1,850 for the preparation of an affidavit by his counsel in criminal proceedings was refused because the Authority had not relied on that evidence. The challenge [10] Mr Wackrow challenges the determination on the grounds that it is wholly inadequate and does not rep...

3. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

   ...doing so. She stated during the hearing of the present application that she has reached an arrangement with the Authority registry to pay the awards by instalments. That appears to have been without any discussion or agreement with Air NZ. [6] Affidavits have been filed both in support of the application and the notice of opposition. Ms Kilpatrick has not provided the Court with any details of her present financial position except to state that she would be unable to afford paym...

4. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...security for costs. [3] The plaintiff did not file a notice of opposition to the defendant’s strike-out and security for costs applications. However, on 22 December 2023, he applied for leave to file a notice of opposition but failed to file an affidavit alongside that application. [4] On 23 May 2024, the defendant applied for the Court to order that unless the plaintiff files an affidavit in support of his application to file a notice of opposition within seven days, his appl...

5. Miscarriage of justice - Scott Watson - K McDonald's final report March 2011 [pdf, 2 MB]

   ............................................................. .. Mr Wallace's description of the location of the boat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confession to murders to secret witness A and the Affidavit of [.OlQt.] in relation to the Trial evidence of secret witness B ................................... . Additional ketch sightings ..................................... . Timing of...

6. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...notice of objection was received from Mr Faleauto. [8] The First P Charge and the Second P Charge had both been laid by Complaints Committee No. 2 of the Auckland District Law Society (“CC2”) in December 2008. The charges were supported by an affidavit (dated 11 December 2008) of Mr Laubscher, the Professional Standards Director of the Society’s Auckland Complaints Service. [9] In respect of both P charges Mr Laubscher deposed in his affidavit of 11 December 2008 that CC2...

7. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...rejected all allegations of breach of their professional obligations. [8] The Standards Committee distilled the complaints to be considered as being a consideration as to whether the lawyers had: • been conflicted; • knowingly presented a false affidavit to the court; • refused to complete the retainer; • failed to respond to reasonable requests from the client; • provided an incompetent service; • breached their fiduciary duties; 3 • provided inadequate...

8. [2021] NZEnvC 191 Kapiti Coast District Council [pdf, 919 KB]

   ...the date of public notification of those proposed amendments. If appeals are lodged against any of the decisions on PClA the operative date for the rules could be delayed by months pending resolution of the appeals.3 [4] The Council lodged an affidavit sworn by Christine Anne Foster (a resource management planning consultant) in support of its application. Background [SJ Clause 3.38 of the NPS-UD 2020 provides: 3.38 Car parking (1) If the district plan of a tier 1, 2, or 3 terr...

9. Hawke's Bay Standards Committee v Clarkson [2014] NZLCDT 2 [pdf, 258 KB]

   ...charges as originally laid by the SC. [9] After the evidence for the SC was complete, Ms Clarkson advised the Tribunal that one of her defence witnesses in respect of the first misconduct charge, Ms Sutton, was not at the hearing. Ms Sutton’s affidavit (in a facsimile form) was available Ms Clarkson said. The Tribunal was not prepared to accept a facsimile of Ms Sutton’s affidavit, and neither was it prepared to accept her evidence in the absence of Ms Sutton attending and...

10. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

    ...the lack of engagement by the Trust with other bodies, as those allegations were not matters for this Court to deal with. The Court indicated that if there are concerns about the operations of the Trust that could viably and realistically be 1 Affidavit of Taipari Munro, 1 June 2022. 2 252 TTK MB 156-173. 254 Taitokerau MB 177 made then those are matters that the Court can deal with and may be within its jurisdiction. Specifically, the Court would not hear issues involvin...