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1. MacDonald v Gibson - Ngāti Tāwhiritia Hapū Charitable Trust (2025) 521 Aotea MB 240 (521 AOT 240) [pdf, 495 KB]

   ...was valid, because the key matter arising is whether there was a basis to appoint any independent trustee at any SGM. The short answer is no. That power sits exclusively with the trustees and not the hapū. This point was conceded by Beverly.28 28 Affidavit of Beverly Anne Gibson, L Tuffery Huria, 13 December 2024, at [136]. 521 Aotea MB 256 [60] On the broader issues of whether the respondents and in particular Beverly were actively involved in engineering the SGM, the evidence sugg...

2. [2008] NZEmpC AC 1/08 Yong t/a Yong and Co Chartered Accountants v Chin [pdf, 34 KB]

   ...by Mr Orlov who has continued to be the plaintiff’s representative in all aspects of the matter since then. [8] On 18 July 2007, the applications for rehearing and stay of proceedings which are now before me were filed together with a brief affidavit of the plaintiff in support of the application for rehearing. [9] On the same day, 18 July 2007, Mr Orlov also filed an application in the Court of Appeal for leave to appeal to the Court of Appeal against Judge Perkins...

3. [2012] NZEmpC 159 Q v W [pdf, 2 MB]

   ...9 At [65]. [28] I convened a chambers conference on 26 March 2010 to deal with directions for the disposition of the plaintiff’s application for suppression. A timetable for the filing of affidavits and submissions was agreed so that the Court could determine the issue of suppression on the papers. [29] The parties complied with the agreed timetable and on 10 May 2010, at another chambers conference, the parties confirmed that

4. Committee on the Elimination of All Forms of Racial Discrimination – government report back on 15th-17th reports [pdf, 59 KB]

   ...applications in the High Court for confirmation that the requirements for a finding by the High Court under section 96 of the Foreshore and Seabed Act have been satisfied. The Foreshore and Seabed Act requires these applications to be supported by affidavits from the Attorney General and the Minister of Māori Affairs. The Deed of Agreement with Ngāti Porou also provides that representatives of the hapū of Ngāti Porou and the territorial customary rights areas, within two years of th...

5. CAC10057 v Property Bank Realtor Ltd [2015] NZREADT 75 [pdf, 182 KB]

   ...below), and evidence from Mr Hikaka.” That Judge Barber refused to provide a transcript of the hearing before the Tribunal to obstruct and prejudice the making of submissions by the Appellants and the appeals in the High Court and the filing of affidavits making out further perjury by Mr Honey and Halse in their unsuccessful High Court review before Brewer J. That Judge Barber failed to act to prevent an abuse of process by Luke Clancy in failing to supply the bundle to the Appellan...

6. Johnston & Vining Realty Group Ltd v CAC 20002 & Reid [2013] NZREADT 82 [pdf, 37 KB]

   ...the more punitive order of a fine against the applicant and Mr Johnston; and (iv) the Tribunal itself noted, in paragraph [51] of its decision, that name suppression might be appropriate for the applicant.” [4] Such grounds were supported by an affidavit of Mr W G Vining who is co director and a 50% shareholder with his brother in the applicant company. He referred to our having also stated in our decision: “[38] Mr Clancy put it that there has been no suggestion of bad faith by...

7. [2015] NZEmpC 2 Tomo v Checkmate Precision Cutting Tools Ltd costs [pdf, 98 KB]

   ...That submission was based on the material Mr Tomo had at that stage filed, namely a handwritten note briefly setting out his position. This was later followed by documentation from the Ministry of Social Development, although not appended to an affidavit. Mr Tomo is now representing himself. I do not understand the defendant to be taking issue with the authenticity of the documentation relied on. Nor did the defendant take up the opportunity to respond to the most recent material...

8. [2015] NZEmpC 22 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 102 KB]

   ...plaintiff submits, therefore, that the length of a subsequent trial will be reduced by half. Counsel estimates that any hearing of a preliminary issue will take no more than a day, especially if necessary evidence can be provided in advance on affidavit, and so requiring only oral submissions. [12] The defendant says that, if the application is allowed, the plaintiff will probably have to give evidence twice. Ms Alim now lives in Australia. The defendant challenges the plaintif...

9. Nelson Standards Committee v Webb [2011] NZLCDT 13 [pdf, 114 KB]

   ...investigation that he had emailed Milford and Dormer with information that his parents were to be the house-sitters; he maintained that position when giving evidence to the Tribunal, but, when pressed, accepted he may have been mistaken. He said in an affidavit filed with the Tribunal that he had advised Milford and Dormer of his parents’ involvement by telephone and when cross-examined about that evidence, he developed some supporting scenarios before finally accepting there ha...

10. Nelson Standards Committee v Dallison [2011] NZLCDT 40 [pdf, 66 KB]

    ...somewhat evasive. [19] The practitioner has taken rehabilitative steps by disposing of his practice and working under supervision of a senior practitioner. However this mitigating feature was somewhat diluted because, surprisingly, there was no affidavit from that practitioner in support of his employee, or indeed to describe the level of supervision undertaken. We found that somewhat odd given the penalty being (jointly) sought of ‘not to practice on his own account’. We do...