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1. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...practice as a lawyer. [45] In this regard, JD’s failure to pay HB is no different from a failure to pay any other creditor. The Committee accepted that this was because of JD’s impecunious state. HB says that JD should be required to swear an affidavit as to his assets and liabilities, and that JD’s wife had indicated that JD was in fact able to meet this debt. HB elevates his complaint to the level that he alleges JD has acquired credit by deceit and submits that for this...

2. [2018] NZEmpC 3 Kazemi v Rightway Ltd [pdf, 221 KB]

   ...straightforward application of settled law to the facts. I think this reflects an overly optimistic view of the likely complexity of these proceedings, including having regard to the way in which the documentation is drafted (as emerges from the affidavit evidence) and the pleadings (as they presently stand). This includes issues relating to this Court’s jurisdiction to deal with what are said to be purely commercial agreements; the interrelationship between those agreements and...

3. Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) [pdf, 407 KB]

   ...current application, namely: (a) A certified copy of the Last Will and Testament of Margaret Rose Karaka dated 5 October 1984; (b) An uncertified Will of John Mita Karaka dated 4 December 1972; 2018 Chief Judge’s MB 90 (c) Affidavit to Lead Grant of Probate dated 9 April 1986; (d) Ex-parte Notice of Application for Probate dated 9 April 1986; (e) A copy of Probate dated 21 April 1986; (f) A certified copy of the applicant’s birth certificate; (g) Wha...

4. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...Mareva injunction, Judge Ambler observed that ordinarily, under http://www.legislation.govt.nz/regulation/public/2011/0374/32.0/link.aspx?id=DLM290914#DLM290914 39 Te Waipounamu MB 41 Rule 2.4, such an application would be supported by an affidavit.8 In that case, he dispensed with the requirement for an affidavit, having regard to the urgency and exceptional circumstances.9 [31] Rule 2.4 requires that the Court ensure compliance with the Rules, and the words “oppressive o...

5. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

   ...instructions and actions simply did not happen. For her part, the respondent said that she drafted the documents in accordance with instructions and with appropriate advice and explanation to B and J. [10] C is the daughter of B. She had sworn an affidavit dated 8 May 2017 in which she described the background circumstances leading to the creation of the wills, trust deed and powers of attorney by the respondent. The M Avenue property was on a steep section such that it was diffi...

6. [2020] NZEnvC 169 The Otway Oasis Society Incorporated v Waikato Regional Council.pdf [pdf, 4 MB]

   ...Transport Agency [2013] NZHC 2104. Burgess v Selwyn District Council [2014] NZEnvC 11 . 6 evidence to that effect to this hearing and I believe her. It is a matter which she and her husband discussed with their former bank manager (as confirmed by affidavit provided by him to this hearing) as long ago as 2016. A subdivision consent was obtained in 2016 to give the option of sale of an existing house as part of the financing arrangements for the retirement house. [18] The agreed...

7. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...a $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, and 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...

8. LCRO 46/2017 DL v SC (18 May 2017) [pdf, 138 KB]

   ...course of the Committee’s inquiry into Mr MP’s conduct. [29] The Committee’s point was that it could not fulfil its statutory function of inquiry without the fullest cooperation from Mr DL. 5 Affidavit of DL, 28 July 2016 at [2.23] and evidence of DL at review hearing. 6 Standards Committee decision at [15]. 7 [30] Mr DL takes issue with the way the Committee framed its inquiry of him, saying that led to him making com...

9. Morrison - Ngati Whakaue Tribal Lands Incorporation (2004) 283 Rotorua MB 264 (283 ROT 264) [pdf, 727 KB]

   ...was directly interested in a transaction between WHL and Nathan Property Consultants Limited ("NPCL') in that he will or may derive a material financial benefit from that transaction; and 2. Upon the further grounds contained in the affidavits of Sir Howard Morrison. This application is made in reliance on Sections 4, 253, 254 and 280 of te Ture Whenua Maori Act 1993; Regulation 4(1 )(c) of the Maori Constitution Regulations 1994 and sections / ji 126, 129 to 131, 137 a...

10. Kingi Te Kaha 67B (2007) 98 Opotiki MB 133 (98 OPO 133) [pdf, 2.3 MB]

    ...was adjoumed to allow the applicant an opportunity to pursue finance from Westpac Banking Corporation and to allow other interested parties to seek legal advice. It was again before the Court on 4 October 2006 (94 Opotiki MB 107-114). [7] In an affidavit filed with the COUli in support of this application, Mr Kingi deposed: ~ That he had purchased the land from Mr Healey to secure it for himself and his children as Mr Healey was originally going to sell it to someone outside the fami...