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1. LC & SC v TB [2025] NZDT 83 (5 March 2025) [pdf, 187 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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 determina...

2. FZ v UL LCRO 257 / 2010 (17 October 2011) [pdf, 127 KB]

   ...[53] FZ advised at the review hearing that he had approximately $30,000.00 in the bank at the time he instructed UL. I am not sure if that could be considered to be accurate information given FZ’s uncertainty at the hearing, and I note that in an affidavit sworn on 26 July 2007, FZ listed his cash resources as being $9,498.00 together with $1,037.00 in a joint account with GA. I am not certain as to the legal aid criteria, but would expect at the commencement of instructions, FZ w...

3. S v J LCRO 5 / 2008 (13 February 2009) [pdf, 39 KB]

   ...high quality. Justice Harrison in his sentencing notes states that he had the 13 benefit of “an extremely compelling submission both written and oral from Lawyer J”. I have also seen Lawyer J’s file and the application, submissions, and affidavits prepared in respect of the application to vacate the guilty plea. These were of a high quality. [53] In respect of the size of the bill, it can be observed that $19 000.00 is a significant amount. It is also a sum which caused C...

4. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

   ...for declarations and damages. The following orders are made pursuant to the Court’s powers to regulate its proceedings under ss 189 and 221(d) of the Act. [33] I direct that: (a) The first and second defendants (the unions) are to file an affidavit or affidavits including or annexing lists of their documents relevant to the proceedings. This is to be done within the next 14 days. (b) Each document or group of documents must contain a reference to its general nature, the date...

5. GQ v TO LCRO 57 / 2011 (12 January 2012) [pdf, 104 KB]

   ...Whether that is the case or not, this review must focus on Mr TO’ conduct. [42] At that time, there was no question that Mrs HA had full capacity to give instructions. Mrs HA provided the instructions direct to Mr TO. He deposes in his affidavit dated 17 February 2010, that he discussed the effect of the documentation with Mrs HA prior to her completing it. He also sent her a copy of the documents by post on 11 January 2006. [43] Although Mrs GQ advises that her mother ha...

6. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

   ...6 See McKean v Ports of Auckland Ltd [2011] NZEmpC 128, [2011] ERNZ 312 at [4]. 7 At [12]. 8 Brooks Homes Ltd v NZ Tax Refunds Ltd [2013] NZSC 60 at [6]. [9] As is usual in applications of this sort, evidence was produced by way of affidavits. That means that the Court proceeds on the basis of untested evidence. The evidence will be tested at the substantive hearing. Background [10] In November 2019, a number of managers and clinicians from the DHB wrote to the...

7. Matchitt v Whangara B20 Incorporation - Whangara B20 (2006) 168 Gisborne MB 126 (168 GIS 126) [pdf, 486 KB]

   ...Whenua Maori Act 1993. Maori Land Court Hearing - December 2005 [11] The Court heard the applications for the first time on 14 December 2005. (163 GIS 99-112) On the day before the hearing the applicants, through their counsel, filed several large affidavits that had not been given to the Committee of Management in advance. Essentially this material was designed to respond to matters raised by Dr Te Momo who had filed a letter witl1 suppOiting documents on behalf of the COlmnittee...

8. Stone v CAC 412 & Lim [2019] NZREADT 20 (22 May 2019) [pdf, 589 KB]

   ...which might be adopted. [61] In addition to possibly issuing witness summonses, we have in mind that the Tribunal could regulate its procedure by way of analogy with High Court Rule 9.74 which deals with the case where a party has given evidence by affidavit but is required to attend to be cross-examined on that document. If the opposing party wishes the deponent to attend in order to be cross-examined, a notice to that effect can be served on the deponent ahead of the commencement...

9. Te Moni - Wharepouri Te Moni [2020] Chief Judge's MB 544 (2020 CJ 544) [pdf, 379 KB]

   ...pursuant to s 81 of the Māori Affairs Amendment Act 1967. The order made at 147 Waiariki MB 208-210 dated 15 September 2016 merely followed the earlier 1992 formula for succession without question. The application made in 1992 was accompanied by an affidavit from the administrator of the deceased’s estate. In that affidavit Wharekonehu Te Moni advised that the persons entitled should be the nine siblings (out of 11) he identified. He also noted that two of his siblings Tapene Morg...

10. Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2019) 407 Aotea MB 47 (407 AOT 47) [pdf, 319 KB]

    ...assessing the overall interests of justice, in addition to the matters relating to the balance of convenience, Ms Morrison-Shaw pointed to the following matters: (a) There has been significant delay by Te Korowai in filing the application. Some of the affidavits filed by Te Korowai were dated in May 2019, such that Te Korowai could have filed the application well before the trustee elections had even commenced. Instead, Te Korowai waited until the 11th hour in the trustee election...