Search Results

1. MLC - Glossary of terms [pdf, 184 KB]

   ...location. ADMINISTRATOR Someone who is given authority by the High Court to manage and administer the estate of a deceased person. When an administrator is appointed by the High Court, it issues a grant of letters of administration. AFFIDAVIT A written statement that is signed and either affirmed or sworn on oath and therefore able to be used as evidence in Court. AGGREGATION ORDER Aggregation of titles occurs when two or more separate blocks of land share a common...

2. 2011 NZCA 141 [pdf, 109 KB]

   ...some fresh evidence might become available and might be helpful to an appellant. [23] Mr Webster’s complaint against Mr Kaye is based on Mr Kaye’s alleged failure to seek scientific evidence to counter the ESR’s evidence. We have no affidavit evidence in support of this assertion. Mr Webster has not given a waiver of privilege. But the point clearly has no legs. Mr Kaye did retain an expert. The expert did not give evidence, but that was presumably because he could not...

3. R Singh v Kumar [2011] NZIACDT 34 (21 October 2011) [pdf, 92 KB]

   ...for Mr Kumar’s services. The existence of that written agreement is not consistent with Mr Kumar’s evidence that nothing was paid. Neither is it consistent with his claim the fee due was $2,500 and he elected to recover only $500. [34] In an affidavit dated 23 December 2010 filed in this proceeding, Mr Kumar said the fee due was $500. He explained the difference between the amount in the contract and the amount demanded as a concession on the basis of friendship. [35] I reject Mr K...

4. HJ v IK LCRO 127/2015 (19 February 2016) [pdf, 128 KB]

   ...content of the letter. • Reasonable grounds existed for the allegations made in her letter and incorporated into the pleadings. • She took exception to the comments made in correspondence that implied she had “deliberately filed a false affidavit and … had lied to and misled the Court through the evidence [she] prepared and that [she] was lying to [the solicitor] concerning the existence of information on [her clients’] previous lawyer’s file, and that [she] was claimi...

5. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...by the Council in accordance with s 87F RMA, and the Council has indicated that it is endeavouring to complete the reporting required by that section, by 22 June 2018. [7] I have been told that Panuku will lodge a notice of motion and supporting affidavit for direct referral of the application with the Court on 25 June 2018, and serve it on submitters and the Council immediately thereafter. [8] On this basis, it is my understanding that the s 274 RMA period for submitters to join...

6. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...by the Council in accordance with s 87F RMA, and the Council has indicated that it is endeavouring to complete the reporting required by that section, by 22 June 2018. [7] I have been told that Panuku will lodge a notice of motion and supporting affidavit for direct referral of the application with the Court on 25 June 2018, and serve it on submitters and the Council immediately thereafter. [8] On this basis, it is my understanding that the s 274 RMA period for submitters to join...

7. Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust (2016) 363 Aotea MB 89 (363 AOT 89) [pdf, 211 KB]

   ...accordance with the Rules and no member of the preferred class has registered any wish to exercise the right of first refusal. Copies of the relevant notices have been provided by Mr Pou and I have included them as an additional appendix to the affidavit of Mr Cooper. [17] In terms of the criteria in section 152 of Te Ture Whenua Māori Act 1993 I am satisfied that the instrument of alienation dated 11 November 2016 has been executed and attested in the manner required by the Rules...

8. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 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. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...indemnity cost on the following basis: a) That the appeal was without merit; b) The grounds of appeal were irrelevant; c) The application to adduce further evidence significantly increased preparation and none of the material referred to in affidavits was “fresh”; d) The appellants have a history of interfering with the lawful occupation of the land and have in the past been subject to injunctive removal from the block; e) Baseless allegations were made against the Actin...

10. Rua - Kotipu 2 (2003) 81 Ōpōtiki MB 35 (81 OPO 35) [pdf, 429 KB]

    ...some immediate action was necessary to deal with the situation in order to diffuse tensions existing between the parties. I convened the Court that day at 6pm on Kotipu 2. (75 OPO 71-73) The grounds for bringing the application are set out in the affidavit accompanying the application. Bishop Rua, as the son of Mau Rua, claimed a mandate from his family to seek the injunction. He further claimed that in 1989 he and other owners in the block planted the stand of trees on Kotipu 2. He alle...