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1. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

   ...respect to whāngai. [3] Counsel for the applicants filed detailed submissions on 16 February 2018. Accompanying those submissions were: (a) a brief of evidence of Daniel Haki Te Rata from an application before the Waitangi Tribunal; (b) an affidavit of Daniel Hika Te Rata; and (c) various other documents including an impact statement from Daniel Haki Rata. [4] Paretuaoroa was born in 1897 and she died in 1952. Her brothers were Michael Rotohiko Jones and Pei Te Hurinui Jon...

2. Allan v Christchurch City Council [pdf, 81 KB]

   ...15 [43] Mr O’Fagan’s evidence indicated he was very much involved in the project management and the direction of this particular development. The degree of his involvement was corroborated by the evidence of Mr Sloane who filed an affidavit dated 17 March 2009 in support of an application for Mr Sloane’s removal. At paragraph 12 of his affidavit, Mr Sloane stated, “Mr O’Fagan made all significant construction decisions.” [44] Mr O’Fagan acknowledged that...

3. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...had consistently adopted the position that the defendant should be named. [26.2] This was a complex and keenly contested application which required significant input from the defendant including obtaining information from eight witnesses for the affidavit evidence and supporting documentation. There was also the need to address the extensive affidavit filed by the aggrieved individual, filing evidence in reply and preparing detailed submissions. Unusually for a name suppression applic...

4. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...insufficient information to quantify the claim. At her meeting with Mr AA on 16 August 2017, Ms BB particularised for her clients the information she required, and tasked them with providing it. [69] I do not accept Mr AA’s submission that the affidavit he had filed in the summary judgment proceedings provided sufficient information for Ms BB to proceed with drafting a properly quantified negligence claim, and that is reinforced by an examination of the information Mr AA provided...

5. Rata v Rata - Takahiwai 5F1 [2023] Chief Judge's MB 60 (2023 CJ 60) [pdf, 262 KB]

   ...distribution to Dawson Rata, as siblings to Dawson Rata and children of Arthur Rata; d) it failed to give effect to the intentions of the deceased person, Wharehau Rata and distribute the interests accordingly. (iv) Further grounds are set out in the affidavit of the applicant filed in support of this application. 4. As a result of the errors and omissions of the Court, the Court vested the beneficial interests of Wharehau Rata in those who were not beneficially entitled or who were...

6. LCRO 167/2021 MP v IC (28 April 2022) [pdf, 202 KB]

   ...[84] A lawyer has an absolute duty of honesty to the court and must not mislead or deceive the court.6 [85] A lawyer must not act in a proceeding if the lawyer may be required to give evidence of a contentious nature (whether in person or by affidavit) in the matter.7 [86] A lawyer must not act in a proceeding if the conduct or advice of the lawyer or of another member of the lawyer’s practice is in issue in the matter before the court. This rule does not apply where the lawy...

7. Tatana v Accident Compensation Corporation [2025] NZACC 52 (26 March 2025) [pdf, 284 KB]

   ...was indeed available for questioning. I granted a subsequent application for leave to introduce her evidence. Counsel were unable to agree on the questions to be put to Dr Luey and it was necessary for me to give directions in this regard. An affidavit was subsequently received from Dr Luey on 19 February 2025. [31] Dr Luey stated that Ms Tatana had reported a hit but the way she fell may well have involved a ‘twist component”. She undertook diagnostic testing including a...

8. [2025] NZREADT 08 - OQ v Knowles & Maclean (21 March 2025) [pdf, 327 KB]

   ...contributory negligence on the part of OQ. On 23 October 2024, OQ filed a statement of defence to the affirmative defence. OQ also filed her statement of evidence and a statement of evidence of NN. [27] On 20 November 2024, Mr Knowles filed an affidavit of evidence and on 26 November 2024, Mr McLean filed an affidavit of evidence. 6 OQ’s Claim [28] OQ claims damages totalling $73,486.05 comprised as follows: (a) Payment of damages paid on settlement to purchaser: $60...

9. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...filed a statement in reply to the claim. In addition, it applied to dismiss the claim. In April 2023, the third and fourth defendants (as respondents in the Authority) also sought to dismiss the claim. [12] On 9 May 2023, Ms Bowen filed an affidavit as part of her opposition to the applications to dismiss her claim. Some of the evidence included in that affidavit was the same as the evidence she unsuccessfully attempted to rely on in the BNZ litigation. Mr O’Brien, counsel f...

10. [2025] NZEmpC 159 McCormack v Reserve Bank of New Zealand [pdf, 239 KB]

    ...assessment of whether Mr McCormack has an arguable case that he was unjustifiably dismissed and an arguable case that, if he was, he will be permanently reinstated. The Court’s assessment is based on untested evidence contained in sworn/affirmed affidavits. The facts giving rise to the claim [6] Mr McCormack was employed as a senior analyst in the RBNZ’s Prudential Policy Department.2 This department is responsible for advising on the structure, regulation and supervision of...