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1. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...under s347 of the Crimes Act 1961 from criminal charges brought against him by the police. His reinstatement is opposed by the defendant. [4] At the remedies hearing Mr Hawkins gave oral evidence. The defendant produced no evidence other than an affidavit which addressed one relatively minor point in Mr Hawkins’s evidence, which had no effect on this judgment. The issues [5] Mr Hawkins seeks the following orders: 1. Reinstatement. The issue is whether reinstatement would be...

2. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

   ...Gilbert e) The Crown [20] There was opposition to the application by Mr Barrett and support in general terms for Mr Barrett’s position recorded in the notices filed on behalf of Errol, Tuhi and Rodney Gilbert. Mr Barrett filed a memorandum and affidavit and spoke in support of these at the hearing. He also had the opportunity to cross-examine the Ngāti Pu witnesses. Mr Barrett raises a number of matters which we will need to consider but for present purposes it is sufficient to...

3. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...prompt settlements and increase the tendency for defended hearings. [7] These grounds are developed further in the supporting submissions filed by Ms Humphrey. The opposition [8] In opposing the application the Director has submitted: [8.1] No affidavit has been filed in support of the defendant’s application. It follows that there is no evidence of any potential adverse impact of publication on the defendant or anyone associated with her. The defendant has not sought to distin...

4. Legal aid consultation paper: new family legal support - September 2013 [pdf, 457 KB]

   ...leave to apply because of changed circumstances, or applications to file consent memoranda will not be able to access further funded legal assistance if they have already used it for the first application. New Family Court application and affidavit forms will have a standard format and aim to be easier for parties to understand and complete themselves. We believe that a person who has benefitted from legal support and assistance in their first application to the court should no...

5. Henare v Maori Trustee - Parengarenga 3G costs [2012] Māori Appellate Court MB 540 (2012 APPEAL 540) [pdf, 215 KB]

   ...the appellant was entitled to an award of costs. If the appellant wished to pursue costs they were to file a memorandum. Counsel for the respondents then had an opportunity to respond. [3] Counsel for the appellant has filed a memorandum and affidavit evidence noting they have incurred $17,134.44 (excluding GST) in terms of time and attendances for this appeal. Adding $640.51 of outstanding disbursements and GST to the time incurred the applicants total costs are $20,441.19. The...

6. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...withdraw the proceedings in the meantime. (h) In his view, he could not withdraw the proceedings until, on 9 June 2015, he had Mr HD’s authority to do so. In any event, it had been in the interests of Mr RZ to file his notice of opposition and affidavit, and that served “further (to) inform Mr HD how he could proceed in the litigation”. Therefore, whether Mr LB contacted Mr RZ earlier or otherwise was an “irrelevant consideration”. (i) Costs should have been addresse...

7. MC v VB LCRO 175 / 2011 (18 June 2012) [pdf, 117 KB]

   ...pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 that further action was inappropriate or unnecessary. It recorded its reasons for this determination in the following way: 3 1. The Committee was of the view that the affidavit of Mr [MD], director and shareholder of [AEE], answered the questions it had raised. a) Mandate There is evidence, which confirms that there was a mandate agreement created on 2 April 2008, and there is a copy of the unsigned man...

8. TB v NX LCRO 80 / 2011 (13 December 2012) [pdf, 134 KB]

   ...the Lawyers and Conveyancers Act. [38] It is not necessary to recount in full the details of the attempts made by this Office to have Mr NX comply with that request. Should it become necessary to do so, 7 full details are included in an affidavit sworn by me on 26 March 2012 in support of an application to the High Court5 in the exercise of its inherent jurisdiction to compel Mr NX to provide his files and records. [39] What is important to record however, is that the atte...

9. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...nearly 50%. [45] The major increase in costs beyond the estimate took place between the bills dated 13 January and 12 February 2009. A review of the time and records of the work 8 undertaken during this period shows that during this period affidavit evidence was finalised. The costs assessor has commented that the time taken over these tasks seemed to be extraordinarily long, but I again note the below market hourly rates applied by the Practitioner. [46] The overall pi...

10. Tuwhangai v Boon – Kawhia U 2B Block - (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) [pdf, 303 KB]

    ...[2] June Ormsby passed away on 21 November 2016 and an application for transmission by way of survivorship was filed by Niki Tuwhangai on 21 August 2017. An initial objection,2 followed by a notice of intention to appear together with a supporting affidavit,3 was filed by Christine Boon, the daughter of June Ormsby and administrator of her estate. Ms Boon opposes the application and claims that she and her siblings are entitled to their mother’s share in Kawhia U 2B. Ms Boon’s...