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1. Nicholls v Trustees of WT Nicholls Trust [2014] Māori Appellate Court MB 2 (2014 APPEAL 2) [pdf, 156 KB]

   ...Court MB 598-632 2014 Māori Appellate Court MB 4 (e) the appellant chose not to give evidence of relevant matters in the substantive appeal despite being given the opportunity to do so, and a significant portion of the appellant’s affidavit was not admitted as evidence by the Court; (f) the appellant sought to amend the Notice of Appeal three times, though the first amendment was not opposed; (g) the appellant made unfounded allegations of bias against the lower Court...

2. Charters v Rika - Arataua 4C [2018] Māori Appellate Court MB 142 (2018 APPEAL 142) [pdf, 289 KB]

   ...We drew this provision to Mr Charters’ attention and he acknowledged the issue, and as we understand it, abides the Court’s decision. While the Court recognises its power to grant leave to adduce further evidence, no application or supporting affidavit was filed by the appellant nor served to the other parties to the appeal. [8] This Court has previously adopted certain tests to be met before it will allow further evidence on appeal:3 (a) It must be shown the evidence could not...

3. [2017] NZEmpC 121 Marryatt v Silver Ridge Group Ltd (Reasons) [pdf, 241 KB]

   ...directors and shareholders of other companies. [6] At this early stage I considered it appropriate to include the second respondent in the freezing order. [7] On the evidence of Ms Marryatt, and reflected in the documentation she attaches to her affidavit and draft statement of problem, the business has had some difficulties since the sale to Silver Ridge. There have also been differences between Ms Marryatt and Silver Ridge, and two warnings have been issued. [8] From Ms Marr...

4. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...1 Liu v South Pacific Timber Ltd (1990) Ltd [2012] NZEmpC 129. there will frequently be a significant imbalance of economic power between the parties. [3] The defendant relies on the plaintiff’s admitted impecuniosity, pointing to affidavit evidence given by the plaintiff previously that his liabilities exceed substantially his assets. The defendant says that this was reflected in a relatively low contributory costs’ order made by the Employment Relations Authority of...

5. [2010] NZSC 218 CA780/2009 Parker v Silver Fern Farms Ltd [pdf, 32 KB]

   ...3 At [14]. returning to work.4 Having summarised the factual background relevant to delay, the Judge noted that the reasons for the delay were scant as neither of the lawyers involved had filed an affidavit to explain what had happened.5 [12] The Judge went on to find that: (a) There was no significant prejudice to Silver Fern arising from the delay.6 (b) Mr Parker’s challenge had merit because there was a substantial argument

6. [2018] NZEnvC 059 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   ...incentives on it to move quickly to strengthen the chapel, indeed to fully refurbish it and put it to a new adaptive use. [8] TWCL's engineering witness Mr D M Smith has now produced advice in letter form (with an offer of it being confirmed by affidavit if necessary) as to why demolition of the main building at an early stage of the project should be allowed. We are informed that HNZPT has been consulted on this issue and accepts this.6 [9] In summary, Mr Smith's engineer...

7. [2018] NZEnvC 059 The Wellington Co2. Ltd v Save Erskine College Trust [pdf, 3.2 MB]

   ...incentives on it to move quickly to strengthen the chapel, indeed to fully refurbish it and put it to a new adaptive use. [8] TWCL's engineering witness Mr D M Smith has now produced advice in letter form (with an offer of it being confirmed by affidavit if necessary) as to why demolition of the main building at an early stage of the project should be allowed. We are informed that HNZPT has been consulted on this issue and accepts this.6 [9] In summary, Mr Smith's engineer...

8. Peng v Tan [2016] NZIACDT 63 (29 September 2016) [pdf, 146 KB]

   ...significant part, to challenge the way the Registrar has investigated the complaint, and criticise Mr Peng. He did admit to not having a written agreement. [11] Accordingly, the Tribunal requested Mr Tan, pursuant to section 49(4)(a) to file an affidavit setting out,: [11.1] whether he had anything to say in justification or excuse regarding not having a written agreement; [11.2] evidence of notifying Mr Peng and his parents that Immigration New Zealand declined the visa request...

9. SG v H Ltd [2020] NZDT 1327 (29 October 2020) [pdf, 196 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...

10. Chambers - Akuaku A11B (2017) 44 Te Waipounamu MB 135 (44 TWP 135) [pdf, 192 KB]

    ...Background [3] On 9 January 2017 the Court received an application from Ms Chambers to transfer all of her Māori land interests, which are in the Tairawhiti and Waikato-Maniapoto districts, to the trust. [4] The application and an accompanying affidavit set out the reasons the applicant wishes to divest herself of her Māori land interests. She says she has found dealing with Māori land a challenging and negative experience. That Māori land caused great disharmony between her...