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1. Form 21 Application-for-succession 2.pdf [pdf, 387 KB]

   ...Certified copy of Probate or Letters of administration or other Grant of Administration Copy or photocopy of death certificate (if available) Certificate by Administrator (Form 20 - optional) Deed of Arrangement (where applicable) Declaration or Affidavit where application being dealt with ex parte pursuant to Rule 10.8 of the Māori Land Court Rules 2011 NOTE: The Court may, under rule 10.8 of the Māori Land Court Rules 2011, deal with an application without requiring attendance by th...

2. [2022] NZEmpC 107 JKL v Stirling Andersen Ltd [pdf, 272 KB]

   ...order in these proceedings because they are a victim of family violence and because they are genuinely concerned about their physical and mental wellbeing if the person who abused them, B, were made aware of these proceedings. [44] In their affidavit, the plaintiff states that they are a victim of family violence and outlines the following details: (a) Several incidents occurred where the Police were involved. (b) B drove a car into a concrete wall at 120 kilometres per hour whil...

3. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

   ...(named) boarder (Boarder 1) who will be paying him $250 per week. [34] The second statement by the appellant’s sister is Exhibit 20 to his submissions filed prior to the third hearing. This is an unsworn and undated statement entitled the Affidavit of (his sister). In this document she states that she makes the statement as the trustee for the Trust; she is the only legal owner of the property which purchased the property in 1998; the mortgage with Sovereign has always...

4. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...Wellington Standards Committee (No. 2).4 The High Court indicated that, when such an application was made, the Tribunal would usually have asked the practitioner to state whether or not he/she elected to call evidence.5 In this case, P had sworn two affidavits in opposition to the charges and Mr Pyke had made it clear that P would be available for cross-examination. The Tribunal was aware of those facts before the no case to answer application was made. 2 Investigators report...

5. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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, then 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...

6. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

   ...has been seriously overcharged. But that advice, for the reasons explained, can be accorded no weight in this review. [53] In addressing the reasonableness of the fee charged, I have reviewed the Standards Committee file, the pleadings, the affidavit evidence, the submissions filed and the Court decisions. I have, in that examination, given particular weight to the report prepared by the cost assessor. [54] I consider it significant that Mr JP brought to his assessment not only...

7. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...$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, then 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. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

   ...intimidation reflected a statement made by Mr S, rather than, as transpired at the hearing, being a question from Mr B to Mr S. [33] We consider that was a somewhat unfortunate backdown in the circumstances. As Mr Harder himself acknowledges in his affidavit of June 2022, the fact that Mr S had earlier informed on his two gang member co-offenders to the Police meant that he was likely to have been fearful about the prospect of gang retaliation generally, and that may well have le...

9. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 25 (9 June 2023) [pdf, 188 KB]

   ...intervention of the holiday period after the service of the charges and difficulty locating and instructing counsel. [35] After the proceedings had been on foot for six months and only three days prior to the commencement of the hearing, he filed an affidavit which was subsequently found to be inadequate by the Tribunal. It failed to address the allegations about the approximately $22,000 which had been withdrawn in cash from the client’s account and that was not addressed by Mr...

10. LCDT Annual Report 2022 [pdf, 435 KB]

    ...available promptly, even where a hearing is lengthy. Hearings vary in length from half a day to multiple days. Hearing time is kept to a minimum by the Tribunal’s practice of taking all evidence in chief “as read”, and directing that affidavits are filed well in advance of the hearing. Unless a lawyer has indicated in advance that he or she acknowledges the charges, penalty hearings are normally held separately from the liability hearing, so that the Tribunal has the...