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1. McCallum v The Māori Trustee - Estate of Ngapiki Waaka Hakaraia [2017] Chief Judge's MB 144 (2017 CJ 144) [pdf, 200 KB]

   ...fostered by a pakeha family and was not a whāngai of Johannes; and (e) Te Aroha Hakaraia providing a picture of Johannes’ gravestone that records him as a “loved uncle and great-uncle” without any reference to him having children. [17] An affidavit from Te Aroha Hakaraia was also filed submitting that there had never been talk about the whāngai relationship which James now claimed existed, and she had never seen Johannes and James interact in a way that suggested a father...

2. Hawke’s Bay Standards Committee v Hill [2017] NZLCDT 40 [pdf, 158 KB]

   ...matters of character.” And further at [36]: “We do not consider the Tribunal erred in the manner in which it approached its task. It was justified in expressing disquiet about the lack of remorse of the appellant, which remains apparent from his affidavit and statements. He appears to maintain regret only simply because his only error was putting himself in the position where (impliedly) false allegations could be made against him.” [17] The position is exactly the same with...

3. Tiopira - Bella Tiopira [2018] Chief Judge's MB 96 (2018 CJ 96) [pdf, 359 KB]

   ...Tiopira were vested in Bella Tiopira solely. 9. Further land interests of Naki Tiopira were vested in Bella Tiopira absolutely at 199 Rotorua MB 35 (22 October 1980). 2018 Chief Judge’s MB 101 10. The 2007 Application and Affidavit submitted by Naki Junior Tiopira does not record Whare Tiopira as a child of the deceased. 11. Whakapapa attached to an Application For A Search dated 8 March 1993 identified the deceased as having had 11 children, two of whom we...

4. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...costs. The parties were given the opportunity to make submissions on the defendant’s application. Mr Lynch, counsel for Ms Hannah, has filed submissions in support of the application. Those submissions are also accompanied by a copy of an affidavit filed by the director of the plaintiff company, Mr Alan McCormick, in the High Court proceedings. Mr Ryan, counsel for the plaintiff, has indicated to the Court that he is not instructed to file any submissions in opposition to the ap...

5. [2021] NZEmpC 46 Allison v Ceres New Zealand LLC [pdf, 225 KB]

   ...for the decision as a sham. [24] The starting point is the relevance of the anticipated evidence. If Mr Gowda has evidence that is relevant to the proceeding then it should be given and he can be compelled to give it. [25] While Mr Gowda’s affidavit referred to him not being the person who made the decision to dismiss Mr Allison he is, nevertheless, a senior manager of the defendant company. While the briefs of evidence have not yet been tested, the evidence anticipated to b...

6. HT v IU [2021] NZDT 1329 (13 April 2021) [pdf, 206 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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...

7. Bailey - Ngati Rahiri 1G1A and 1G1B (2004) 135 Aotea MB 158 (135 AOT 158) [pdf, 491 KB]

   ...New Maori Land would be a better economic unit given that the Applicants' Land is flat and therefore could be utilised more effectively as part of the proposed new block. Counsel has filed consents from a majority of the owners as well as an affidavit from Pereni Bailey Tupe, a sister of the late Mr Bailey, in support of the application. In the context of valuation, Mrs Tupe states in her evidence that if [lecessary some adjustment to the shares of her late brother in the Maori Land...

8. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...described in six numbered paragraphs. The company objected because it considered the requests were too broad, vague, the documents requested did not exist, or what was asked for was not relevant. [10] Lyttelton Port’s objection was supported by an affidavit sworn by its industrial relations manager, Ms Sally Williams. Her evidence was that all of the documents that she had been able to obtain, by searching through Mr Arthurs’ file, had been supplied to him. Where no documen...

9. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...counsel for Denise Parata ("the Applicant") filed an application for an interlocutory injunction ("the Injunction Application") pursuant to section 19 of Te Ture \Vhenua !vHiori Act 1993 ("the Act"). In her acc01npanying affidavit, she ciailned, in SUll1n1ary, that shares owned by her brother Ronald Lake ('"the Respondent") in Ngarara West B3B ("the Land") vvere in effect held on trust for herself and her siblings. The Applicant refene...

10. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

    ...the matter. Furthermore, the adviser should appreciate that unless she can establish that a refund is not due, continued delay in making the refund will aggravate the complaint. Timetable [29] The adviser may provide evidence in the form of affidavits and submissions answering the complaint within ten working days of the issue of this interim decision. [30] The complainant and the Registrar may reply to the adviser within a further ten working days. [31] If any party seeks t...