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1. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...standards … [59] I have given careful consideration to the decision in UFv OU. The facts in that case are readily distinguishable from the circumstances of the present case. [60] In UF, the practitioner was making demand for comments made in an affidavit filed with the Court to be withdrawn. Whilst the practitioner was concerned that allegations had been made in the affidavit which impugned his reputation, attempts to have evidence which had been put before the Court withdrawn b...

2. [2018] NZEnvC 180 McKay [pdf, 752 KB]

   ...conversion of cross lease titles (CFR) to fee simple titles (CFR) do not constitute a subdivision within the meaning of section 218, Resource Management Act 1991. (The acronym CFR is of Computer Freehold Register.) [2] The application is supported by an affidavit by Mr McKay sworn on 13 December 2017 and by a separate document containing his legal submissions, which together comprehensively set out his case in support of such a declaration. [3] Mr McKay is a surveyor, planner, and...

3. Ref: LCRO 99/2019 SQ v LP (27 October 2020) [pdf, 235 KB]

   ...valuation, dated 30 April 2013, which assessed a reduction in the value of his property of $110,000 as a consequence of the Council’s proposed SNA on the property. On 13 May 2013 he lodged a notice of claim with the LVT. [58] He says in an affidavit filed in support of the Council’s defence, the Council’s rating manager stated that (a) the Council’s 1 September 2012 valuation did not take effect for rating purposes until 1 July 2013, and therefore Mr SQ’s objection did not...

4. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...but it should not be on the basis that Mr Mercado encouraged the complainant to work for two companies. Instead, it could be referred on the basis that his belief that the outsourcing arrangement amounted to a single employer, was wrong. [44] An affidavit from Mr Mercado (10 October 2019) was provided in support. He set out the fees paid by the complainant ($3,500 excl GST) and offered a refund. At the time the complainant took up the PA role, he believed that she was supplied to A...

5. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...solicitors, dated 23 August 2018 (to Mr Kearney) and 12 April 2019 (to the Authority’s investigator). The Tribunal notes that the appellants’ solicitors stated that the appellants were available to make statements to the Authority, or provide affidavits. However, there is no indication that statements or affidavits were requested. [c] Copies of relevant documents: the appraisal prepared by Mr Molloy, the Agency listing agreement, the unconditional offer signed by Mr Pallatt,...

6. FT Ltd v D Ltd [2020] NZDT 1418 (27 November 2020) [pdf, 321 KB]

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

7. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]

   ...hukihuki Preliminary Matters [20] Before turning to the issues of appeal, there are two preliminary matters to be addressed. Leave for the filing of the evidence [21] Counsel for the appellant sought leave to file additional evidence, being the affidavits referred to at [17]. Ms Fraser submitted that these documents were both expressly relied on by the appellant in the first instance hearing and were expressly referred to in the judgment of the Chief Judge. She claimed that the...

8. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...that the third plaintiff is a member of the first plaintiff, and that all other members have the same interest in the subject matter of the proceedings as she does. The same point is made with regard to the fourth plaintiff. [26] Two supporting affidavits have been filed. A representative of each of the two unions produced copies of the applicable rules, together with a form which members are required to sign, stating that the relevant union is authorised to act as the members’...

9. [2023] NZREADT 14 - CAC 2107 v Sheldon (13 June 2023) [pdf, 156 KB]

   ...health problem. He was also dealing with his first complaint to the Authority. Mr Sheldon learns from adversity and will ultimately be an even better and more competent agent. Mr Crews [42] There is a brief of evidence (24 November 2022) and affidavit (22 May 2023) from Graham Leslie Crews. Mr Crews provides compliance training for real estate agents. He has previously worked as a senior lecturer at Massey University in real estate. Mr Crews has recently been engaged by the a...

10. Oliver v Accident Compensation Corporation (Personal Injury) [2023] NZACC 208 [pdf, 288 KB]

    ...Corporation's decision.3 On the review application Mr Hinchcliff, Mr Oliver’s counsel, submitted that Mr Oliver expected to return to New Zealand within six months of his departure in March 2016. [24] On 8 August 2022 Mr Oliver provided an affidavit which set out, inter-alia: My intent when my girlfriend and I left New Zealand on 25 March 2016, was to come back home before the UK autumn season at the beginning at September 2016 as this is when Ashley's 1 year unpaid leav...