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1. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...to write to them; and (e) the complainants have suffered loss by reason of Mr DL’s failure to properly advise them and notify them of a conflict of interest. [37] In support of his application for review, Mr DL has also filed and served an affidavit, sworn by him on 18 September 2017. Mrs B also filed and served an affidavit, setting out her dealings in the administration of both estates. 13 Nature and Scope of Review [38] The nature and scope of a review have been dis...

2. Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki 205 (21 WAR 205) [pdf, 205 KB]

   ...block consider that the area is part of the land which is partitioned from the block by Peggy Stirling-Rogers; 4. The trustees of Taungaure 2 block and Peggy Stirling-Roger consent to the right of way; and 5. The further grounds set out in the affidavit of Mr Scullin. [16] In his affidavit Mr Scullin gave evidence of the family agreement reached in 1986. [17] His mother’s application for partition seeks to partition off the relevant area of the Taungaure 2 block to assist w...

3. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 KB]

   ...requirement to vary the trust order to include Nan Sullivan 3 161 Napier MB 286-287 (161 NA 286-287) 4 162 Napier MB 109-111 (162 NA 109-111) 5 162 Napier MB 185-187 (162 NA 185-187) 6 Affidavit of Lovie Pullar dated 23 December 2010 at [8] 7 Ibid at [9] 61 Tākitimu MB 49 as a beneficiary and reimbursements made to trustees being made for actual expenses supported by documentation and not just lump sums. 8...

4. [2018] NZEnvC 094 Page v Whanganui District Council [pdf, 1 MB]

   ...opportunity to demonstrate that there is some proper basis on which his applications could be considered. If, in light of the warning I had given, Mr Page wished to amend his applications, then I directed that he file any amended documents, including any affidavit presenting new evidence and any amended application with particulars of any alleged error in jurisdiction and particulars of any allegation of wrong-doing, by 16 February 2018. [20] I further directed that the Council wa...

5. [2019] NZEnvC 154 NEIL Construction Limited v Auckland Council [pdf, 4.4 MB]

   ...held constant for a time period. ff"'.t-;;fi::tc~:>;;;_.,,.,. [42] Mr Bartlett argued that both of these fell within the broader meaning of "aircraft /:"1~t~--~-::i:,(''\\ operations". He drew support from the affidavit of Group Captain DJ Hunt, until recently ( , .. ..r,., ,' ,,.,, \ , ... \ IT\ ),'.'.: ,i?_. <°:./:\ ) •,,·} t {~{,' .'>_,/f!::ii~I --<fl!.1 r,,n 1x:n 'i• ,,,- 13 the airbase comma...

6. [2021] NZACC 69 - Auva'a v ACC (28 April 2021) [pdf, 312 KB]

   ...disability. If Mr Auva’a was obliged to give up this work and attempt any of the suggested five vocations, it was more likely than not that he would be unable to manage due to his injuries. [38] Mr Auva’a’s manager, Terry Brown, provided an affidavit (dated 14 August 2019) about the nature of Mr Auva’a’s employment. Mr Auva’a had worked as a guillotine operator for 30 years. The job required him to set up and operate the printing and bindery machines, load paper, pe...

7. [2022] NZEnvC 178 Lomai Properties Limited v Auckland Council [pdf, 698 KB]

   ...the agreement reached between the parties and providing analysis under s 32AA to justify the agreed changes to the PC61 provisions. Following this request, the parties filed a second joint memorandum dated 1 June 2022, which was supported by an affidavit from a planning consultant. [5] A Consent Determination (the Consent Determination),1 was issued on 7 June 2022. As recorded in the Consent Determination, the parties to the PC61 appeal reached agreement on all matters, except for t...

8. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...such order would be symbolic only. A prohibition order is warranted to mark her disgraceful conduct and uphold the integrity of the profession. [50] In relation to Ms Tafilipepe’s financial position, it is noted she has not provided any affidavit evidence. She remains a current director and shareholder of a number of companies. [51] As for the application for non-publication, the Committee contends it has not come close to meeting the high threshold required to outweigh th...

9. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   LCRO 228/2014 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN AB Applicant AND CD Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] Mr AB has applied for a review of a decision by the [Area] Standards Committee which, followin

10. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

    ...that judgment. The High Court’s judgment 3 was delivered on 24 November 2011. [3] The matters relevant to the decision of this application include the nature of the proceedings in both Courts illustrated by the pleadings, augmented by some affidavit evidence from each side. That the Court is empowered to order a stay is agreed. So, too, is the broad test for determining whether a stay should be granted. That test is the interests of justice in the particular circumstances of...