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1. 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...

2. 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...

3. 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....

4. 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...

5. 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....

6. Notes on High Court Appeal Process May 2019 [pdf, 63 KB]

   ...Authority could reach its decision, is inconsistent with or contradictory of a specified part of the evidence, or it contradicts the only true and reasonable construction of fact available on the evidence; then (and only then) copies of the documents, affidavits and exhibits that were placed before the Authority must be attached (Rule 21.9 of the High Court Rules). Refer to Bryson v Three Foot Six Ltd [2005] NZSC 34 for a discussion on the extent to which a factual determination can...

7. [2020] NZEnvC 150 Kingston Lifestyle Properties Limited v Queenstown Lakes District Council [pdf, 588 KB]

   ...Stage 3b of the PDP process, to be rezoned to Settlement Zone (as notified, and through submissions by KLP). Application for declaration [3] KLP filed its original application for declaration on 6 July 2020 accompanied by a (since withdrawn)1 affidavit of Mr TA Grace. KLP's application is made on the grounds that the Activities are permitted activities under the PDP, any previous rules in relation to the operation of the Kingston Flyer under the ODP are inoperative and the Activ...

8. BT v DC [2020] NZDT 1334 (10 August 2020) [pdf, 200 KB]

   ...$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, 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...

9. Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation (2019) 225 Waiariki MB 63 (225 WAR 63) [pdf, 172 KB]

   ...relevant regulation. (c) While the Court has a role in facilitating on-going relationships between parties, this application was commenced in a similar manner to litigation in the ordinary Courts, that is by formal application supported by sworn affidavit and memorandum of counsel. (d) Costs have unavoidably been incurred for those steps. (e) Costs should not be a disincentive to parties seeking the Court’s assistance where it is necessary. (f) The applicant was the successful...

10. Mullane v Attorney-General (Request for Documents) [2020] NZHRRT 14 [pdf, 621 KB]

    ...countries. [6] Timetable directions were thereupon communicated through the Secretariat. Mr Mullane was required to serve his application on counsel for the Police on or before Friday 28 February 2020. Any notice of opposition, submissions and affidavit evidence by the Police were to be filed and served by Friday 20 March 2020. Mr Mullane had until 4pm on Friday 3 April 2020 to file and serve his submissions in reply. 3 Further correspondence received from Mr Mullane [7] By ema...