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1. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

   ...that agreement so that the work is “merely transactional” and the matter is “non-contentious” and a conflict less likely to exist. [34] We also, with respect, reject the evidence provided by Mr Haynes who was called as an expert but whose affidavit was simply read without cross-examination that a competent lawyer could have concluded there was no conflict of interest and therefore it was unnecessary to advise to seek independent legal advice. [35] The Rules do permit the pra...

2. E73 Prof David Williams - EIC - Ngāti Whātua Orākei [pdf, 5.6 MB]

   ...relation particularly to points 2.1, 2.2 and 2.8 in paragraph 16 above. My evidence 18 I am familiar with a range of leading texts on tikanga Māori and the early history of Auckland, which form part of the background knowledge on which this affidavit is based. In particular I am familiar with the research and writings of Sir Ian Hugh Kawharu who was, until his death in September 2006, the leading expert on Ngāti Whātua Ōrākei history and the foremost Ngāti Whātua Ōr�...

3. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...not believe either are prepared to work constructively with the current trustees in the best interests of the marae. The response to the objections [16] On 8 April 2016 the Court received a letter from Ms Hamilton responding to Ms Robert’s affidavit. She noted: (a) Mr Thompson was not removed in 2013. He lost his seat because he sought re-election and did not receive enough votes. 141 Waiariki MB 139 (b) Ms Roberts has repeatedly raised the matter of the missing Trust Wa...

4. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...financial position rather than simply assert it. It noted that she may have completed an Inland Revenue form providing particulars of her income, assets and liabilities and said that if she had not already done so, she should complete that form and an affidavit stating that its contents were true and correct. [19] Ms Goldsmith provided evidence that despite what she had previously said she had the resources to make a payment of more than $67,000 to Inland Revenue, which it had ac...

5. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...without prior advice and on the understanding she was transferring the shares to a Trust, and not Mr PA personally). QN is an expert forensic accountant who is widely recognised in litigation before the High Court. [21] The lawyers also referred to affidavits of documents which ran to many pages and the voluminous documentation disclosed in the course of the proceeding. [22] The lawyers attached copies of correspondence recording the terms of settlement offered by Mr PA in the for...

6. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [pdf, 222 KB]

   ...significant factor in assessing sanctions. She ignored invitations from the Authority and the Tribunal to participate in the disciplinary process, until sending an unduly brief submission to the Tribunal on 11 sanctions, unsupported by any affidavit, statement, financial or other documentary evidence. [46] While Ms Tian accepts not doing her job in a professional way and hence her wrongdoing, she makes no apology or expresses any remorse. An apology to the complainant wou...

7. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...2020. 2. It finds that the Applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in the Employment Relations Authority. 3. It also finds that having regard to all the circumstances disclosed by affidavit evidence filed in support of the application, there is a danger that a determination against the First to Fifth Respondents in the Employment Relations Authority in favour of the Applicant will be wholly or partly unsatisfied, becaus...

8. Wanklyn - Estate of Ropata Wharetoetoe Rare (2004) 157 Gisborne MB 243 (157 GIS 243) [pdf, 2.7 MB]

   ...Hearing At the hearing held on 28 July 2003 at 155 GIS 255, the application for a rehearing was granted and previous orders were annulled as it was obvious the Court did not have all relevant information before it at the first hearing. I then heard affidavit evidence or comments from the following people: 1. Leoni Hodgson 2. Valarie Grace Wilkin 3. Edward Rare 4. David Rare 5. Sonja Rare 6. Robert Walford 7. Rebecca Walford Written letters or supporting documents were also receiv...

9. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...appropriate for the Court to exercise its jurisdiction under section 133/93 in favour of the applicant given that the effect of such a decision would be that the GDC could not proceed with any sale application because of the effect of section 144(7)/88. No affidavit evidence was called on behalf of the GDC but Mr Mackey stated from the bar at 60 Ruatoria MB 47 that: "... the whole sale process that was initiated by the GDC in 1998 was voluntarily stopped by the GDC in an endeavor to...

10. [2021] NZEnvC 015 BWO Offshore Singapore PTE LTD v The Environmental Protection Authority [pdf, 3.8 MB]

    ...the applications for costs in relation to the stay 5 application before the Environment Court in this decision because the application for stay was decided on a different basis and is a separate procedure commenced and supported by different affidavits. I also note for completeness that any costs in relation to the High Court proceedings are beyond the jurisdiction of this Court. [16] The focus of this decision will be BW Offshore's application for costs in relation to the...