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1. Butler - Mangawhati 3B1 and Takahiwai 3A2 (2010) 7 Taitokerau MB 260 (7 TTK 260) [pdf, 63 KB]

   ...any case, even if he was successful, it would be difficult to see this Court granting a partition that would upset a binding lease. In short the Brownlies’ lease was safe and has proven to be so. Miscellaneous issues [34] In both the affidavit supporting their application and in the subsequent hearings the Brownlies have brought up several issues and instances which they claim adds to the picture of misconduct by the trustees outside the two issues I have 7 Tairawhi...

2. Canterbury Westland Standards Committee 3 v Sullivan [2016] NZLCDT 13 [pdf, 53 KB]

   ...been made with the respondent was something that it could accept without a hearing. It accordingly directed a hearing indicating that the proposed penalty was not necessarily acceptable to it. The Tribunal required the respondent to file an affidavit of assets and liabilities prior to the hearing. 3 [5] The hearing as to penalty occurred on 29 April 2016 at which the Tribunal imposed the following orders: (a) Suspension for three years; (b) Censure; (c) Payment of the c...

3. Auckland Standards Committee 1 v Chen [2017] NZLCDT 7 [pdf, 213 KB]

   ...was seriously and genuinely 5 contending that he took legal advice and he was entitled to rely on this, then it was incumbent on him to provide convincing evidence by calling that person. He did not do so, in fact did not even swear an affidavit to provide any explanation. We regard this belated claim as a somewhat desperate attempt to justify what is actually indefensible, once repeated so many times. Further, the suggestion that he needed to consult another practitione...

4. M v U [2019] NZDT 1309 (21 August 2019) [pdf, 216 KB]

   ...a $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, and 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...

5. MacDonald - Oraka 4A2 (2006) 111 Wairoa MB 32 (111 WR 32) [pdf, 194 KB]

   ...would better managed or utilised as general land in terms of section 136(1)( d)/93. The matter was then adjourned to chambers in order for the purchasers to make submissions regarding this section. 1 1 Minute Book: 111 WR 34 [1] A sworn affidavit and a valuation were supplied to the Court by Mr Lyall on 19 August 2005. In a subseqllent direction dated 30 August 2005, I asked that a bank officer give information regarding the inability to provide finance for Maori freehold land...

6. Gemmell v Hemana - Mohaka A4 (2017) 61 Tākitimu MB 239 (61 TKT 239) [pdf, 257 KB]

   ...to ask Mr Gray about it and has instead wasted money on a lawyer and not read the data sent to him as proof of the debt. Mr Gemmell says that he paid $9,100 to the trust on 13 March 2013 in good faith which has been acknowledged by Mr Gray in his affidavit of 15 March 2013. Mr Gemmell now seeks repayment. Mr Gemmell denies allegations that he is “double dipping” by making the trust pay his debt to Tauwhareroa trust. He reiterates that $9,100 was paid directly to the trust on a...

7. Hapeta - Whakapoungakau 7B2, 7C, 7F, 7G (2002) 269 Rotorua MB 264 (269 ROT 264) [pdf, 373 KB]

   ...trust from the date of her appointment 20 March 2001. It was claimed on her behalf that she was a trustee until she had advised the Court she had resigned on the 30th May 2002. The breakdown of her account which is annexed as an exhibit to the affidavit of Pihopa Kingi, shows that it covers a period from February 1999 through to October 2002. In focus here are her attendances in June, July, August and October of 2001. Attendances prior to her appointment as a trustee cannot be calle...

8. LCRO 133/2018 RN v TL (15 April 2019) [pdf, 101 KB]

   ...the background to the retainer and referred to the materials Mr RN had provided to her in support of his position as respondent in the Family Court proceeding. Ms TL says she carefully confirmed Mr RN’s instructions and converted those into affidavits with relevant documents annexed. Ms TL referred to the facts disclosed to her by Mr RN, including the existence of a trust, decisions Mr RN had made over the 15 years he had been with Ms SM and choices he had made over that time....

9. Hay - Estate of Douglas Allan Huirama Te Kohera Hay (2018) 50 Te Waipounamu MB 144 (50 TWP 144) [pdf, 217 KB]

   ...interests of Allan Hay. The application was dismissed on the basis that the interests had already been vested into the whānau trust.4 Applicant’s submissions [11] The applicant filed an application for re-hearing dated 9 November 2016. Her affidavit filed in support stated: a) That she had not been informed of the succession hearing to her father’s Māori land interests of 3 February 2016; 4 40 Te Waipounamu MB 293-298 (40 T...

10. Auckland Standards Committee 2 v Nguy [2021] NZLCDT 4 [pdf, 161 KB]

    ...his payments, is a sufficient safeguard. Also, the practitioner would like to have time to transfer his practice. 6 [22] We do not question Mr Anderson’s reliability so far as it can extend. However, his input in para [11] of his affidavit where he says, of the interim investigation report of Mr Kitching, that “I disagree with many of its findings which I find speculative…” is unhelpful because it offers no substance. We cannot give any weight to that comment....