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1. Trustees of Aata Paora Keretene Ahu Whenua Trust v Cherrington - Motatau 3B2B3 (2016) 122 Taitokerau MB 218 (122 TTK 218) [pdf, 195 KB]

   ...hearing, I directed Mr Coutts to file and serve further submissions regarding the terms of the orders sought. [4] Mr Coutts subsequently filed and served those submissions. In response, Mrs Cherrington instructed counsel, Ms Taurau, and filed an affidavit and submissions opposing the orders sought. [5] Given the issues raised on behalf of Mrs Cherrington, I set the application down for further hearing which was held on 16 September 2015. 3 During the course of that hearing,...

2. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...other aspects of his exchanges with the union at the time, none of these give rise to any breach of obligation. [25] Mr McCartney’s submissions on this point are contained in a lengthy handwritten “Notice of Opposition” (using a template affidavit form) and are not easy to follow, although I have attempted to do so reaching this decision. [24] Mr McCartney’s claims against the second defendant are also set out coherently in his amended statement of claim filed on 17 April 2...

3. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

   ...that: The applicant disputed the boundaries of Omuriwaka and Tahora 2AD Section 2; and he complained The Whakatane District Council is widening their boundary for a roadway without proper consultation with the people of the land. [9] The affidavit filed by Mr Te Pairi in support of the application alleged that: 1. The boundaries of the Maori Reservation land to be used for access for the road formation are in dispute. The surveys that the Council have previously upheld as ac...

4. Koyama v New Zealand Law Society (Application by Defendant for Costs) [2013] NZHRRT 22 [pdf, 64 KB]

   ...(HRRT 031/2009). 2 July 2009 Statements of claim in both proceedings received by defendant, with endorsed notices of proceeding. 4 31 July 2009 Defendant files notice of protest to jurisdiction in respect of both proceedings, and supporting affidavit by M E Ollivier. 28 Aug 2009 Plaintiff files “Amendment to Complaints” with supporting material. 25 Sept 2009 Initial telephone conference with Tribunal Chairperson who raises the issue of his membership of the defendant/NZLS a...

5. Auckland Standards Committee v Holmes [2011] NZLCDT 31 [pdf, 94 KB]

   ...trustworthiness”. [22] Like the NZLS, the Tribunal accepts that Mr Holmes is an honest and dilgent man and that he is held in high regard by his colleagues in the legal profession. By way of confirmation of his standing, we received as evidence affidavits from Mr Brian Keene QC, and Nola Dangen, Consultant to the practitioner’s firm. Both attested to his character and integrity. We have already mentioned Mr Holmes’ unblemished record in 40 years of practice. We tend to...

6. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...recognises that the Tribunal is normally best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.” [22] And again in Hart v Auckland Standards Committee 1:2 “[185] As the Court noted in Dorbu, the ultimate issue [when consider...

7. [2013] NZEmpC 192 Gupta v Infosys Technologies (Australia) Pty Ltd [pdf, 113 KB]

   ...file a statement of defence at this stage. 7. Mr Bennett will advise the Wellington Registry whether and when the challenge to interim reinstatement is to be pursued which will necessitate the filing of an appropriate statement of claim and the affidavits and undertakings as to damages in support. 8. Mr Rooney reserves his client’s position to raise any appropriate objections to that course. [13] On 24 January 2013, Chief Judge Colgan issued a brief minute referring to an...

8. AB v ZY LCRO 54 / 2010 (27 January 2011) [pdf, 84 KB]

   ...handwritten statement by her at the foot of a letter to Mr G, who appeared to be acting for Mr H at that time, to the effect that Mr H lacked the capacity to make decisions with regard to a proposed purchase, and that she would put that information in an affidavit. It does not seem to me that that is information which she would be at liberty to disclose. [50] The MoH inquiry may cast further light on these matters and the Committee will need to consider what approaches should be mad...

9. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...[46.2] The adviser faces a complaint that she never engaged with her client. Whether or not she did so, is a factual matter. The Tribunal gave the adviser the opportunity of answering the complaint in an oral hearing. She has not done so (or provided affidavits). [46.3] The only evidence the adviser relies on to show she personally engaged with the complainant is her signature on a document. The complaint is that she did not attend when the complainant signed the document, and she must h...

10. Nolan - Estate of Wiremu Eruera Pohe (2016) 139 Taitokerau MB 170 (139 TTK 170) [pdf, 244 KB]

    ...is a whāngai: 9 (a) Did the person grow up within the whānau? (b) Was this well known among the whānau? (c) Was this an accepted thing among the whānau? (d) Did the person become integrated into the whānau? [19] In the present case, an affidavit was sworn by Pereri Mahanga on the tikanga concerning whāngai in relation to the Rahuikuri blocks. Unfortunately Mr Mahanga was not available to present his evidence in person, or to answer questions. In response to questions fr...