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1. Couper v Paki - Lloyd Alexander Couper (2012) 281 Aotea MB 156 (281 AOT 156) [pdf, 173 KB]

   ...so that avenue of enquiry also proved fruitless. Mr Turanga then said that because of a rift that had developed between his half-brother and his father further discussion over the succession and life interest issues was not pursued. [19] An affidavit was filed by Eileen Winiata confirming the events previously deposed by her uncle the Respondent. This evidence as not subject to challenge. The Law [20] Section 43 of Te Ture Whenua Māori Act 1993 states: (1) Subject to subsec...

2. Ms C v REAA & Whitehorn [2013] NZREADT 24 [pdf, 102 KB]

   ...including the licensee. [19] In Jackman v CAC 10100 & Anor [2011] NZREADT 34 we upheld a Committee determination to take no further action in respect of a complaint against licensee, Mrs Raos. She applied for an order under s.108 on the basis of affidavit evidence which deposed: [a] Her identification as a licensee complained about had the potential to have a significant impact on her reputation in the real estate industry notwithstanding the finding of no unsatisfactory conduct...

3. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...Hirschfeld who was unavailable due to a personal crisis. Mr Hirschfeld had taken instructions fi'om Waaka Popata who opposed the application. 57 Taitokerau MB 51 Notwithstanding the Comt's directions, Mr Hirschfeld did not file any affidavit evidence and Waaka Popata, who is in his late 80s, unwell and living in Auckland, did not appear at the hearing to give evidence. Instead, his nephew NOllnan Popata gave evidence on his behalf. [13] Norman Popata did not challenge...

4. Mr O v CAC 10028 & Mrs T - Sanitised [2011] NZREADT 2 [pdf, 172 KB]

   ...hearing of a charge. A charge once laid simply sets out a series of allegations whereas on appeal facts unfavourable to the appellant have already been established and more often than not a penalty imposed. 8 [43] The appellant has sworn an affidavit in support of his application as has his wife, setting out in some detail the distress and medical problems arising from the decision of the CAC which would be exacerbated if the decision is published. [44] The appellant deposes...

5. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...distinction to be somewhat tenuous in that clearly a dishonest use of a document was involved and in that sense could well be considered in a similar factual category as the present matter. Submissions for the practitioner [15] Mr Hylan swore an affidavit for the purposes of the penalty hearing which set out his personal background. It is the case that in disciplinary matters, because the sanctions are not punitive in their intent, that personal mitigating circumstances of the pr...

6. Legal Complaints Review Officer v Hong [2015] NZLCDT 37 [pdf, 48 KB]

   ...15 11 See above n 10 at [79] “The Tribunal was quite correct to find that in context the appellant’s conduct was in breach of r 2.7. As the Tribunal noted, the inclusion of such material in the affidavit and the threat to use it was reprehensible. It was conduct that would reasonably be regarded by lawyers of good standing as disgraceful or dishonourable and as such constituted misconduct under 7(1)(a)(i) of the Act.” These doubt...

7. FITZGERALD Kelly Marie (CSU 2009 ROT 000369) [pdf, 98 KB]

   ...the High Court on Application for Probate of a Will to make an Order where the executor of a missing person’s estate can swear the person is dead. With no dead body the applicant applies for Leave to Swear death and evidence is presented by affidavit which covers such things as the circumstances in which the application is made, the facts in which the Court is invited to infer death and whether or not there is any insurance. In some cases an Order can be made that the person is de...

8. Canterbury Westland Standards Committee v Tee [2013] NZLCDT 34 [pdf, 43 KB]

   ...misconduct against Mr Tee. [22] For Mr Tee it was also submitted that he had not taken advantage of vulnerable clients, as claimed by the Standards Committee. We do not accept that 3 Above, n 1. 4 Affidavit of Philip Michael Strang dated 15 June 2011 filed in support of the charges. 5 For example, that Mr Tee did not receive $10,000 the subject of the third charge proven against him, that the borrowing of $52,000 the subject of the...

9. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...of the matters that are the subject of this proceeding. It is further submitted their presence before the Tribunal is necessary to adjudicate on and settle all questions involved in the proceeding. [7] Filed in support of the application is an affidavit affirmed on 12 March 2015, a draft amended statement of claim and a memorandum by Ms Emerson dated 13 March 2015. Procedural history [8] At the teleconference convened by the Chairperson on 17 October 2014 the joinder application was...

10. Wandsworth v Ddinbych & Keith LCRO 149 & 150 / 2009 (5 March 2010) [pdf, 98 KB]

    ...was wrong to have made no monetary award. This review focuses solely on the monetary claims by the Applicant. He sought compensation under several different heads, identifying the costs and losses arising from the wrongful termination. In an affidavit of 3 August 2009 the Applicant quantified the sums he claimed under the various heads of claim. [5] The background to the complaint relates to the Applicant‟s litigation in respect of a leaky home claim. P2 represented the A...