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1. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...Registrar and understood the decisions later upholding the complaints against him and Ms Maerean had the effect of “endorsing and applying a view to the same effect that the [Immigration Advisers Authority] had communicated to me in 2011”. In his affidavit lodged with the Tribunal, Mr Sparks made those remarks with reference to how he should complete his declaration on visa applications. In cross-examination, he accepted that at the 2011 meeting where the Registrar addressed him...

2. Wellington v MacDonald - Te Maika B4 Residue (2008) 129 Whangarei MB 258 (129 WH 258) [pdf, 6.1 MB]

   ...interest in the land. The Evidence of the Parties [49] The witnesses for Joseph were himself, Frank and Joseph's two daughters Tui Gibbons ("Tui") and Rebecca Wellington ("Rebecca")' Joseph also sought to rely on an affidavit of James Mackie who was not available to be questioned at the hearing. I declined to admit that evidence because it could not be tested and because it was oflimited relevance. For similar reasons I also declined to admit certain ev...

3. [2014] NZEmpC 92 H v A Ltd [pdf, 263 KB]

   ...order should have been made by the Authority and I disagree with the reasoning and the decision of the majority of this Court to make such an order. The following are my reasons for diverging from the majority view. [31] The plaintiff has filed affidavits in support of the challenge. The defendant opposes the application, arguing that the threshold for non-publication has not been met in the circumstances of this case. The plaintiff contends that he is not obliged to point to e...

4. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...value. It is highly speculative therefore and unlikely that he intended to create a trust that required the shares to return to him should the sale to Te Mata Morehu not proceed. Indeed, the opposite conclusion can be drawn from the applicant's affidavit, paragraph 4. It says that the deceased did not tell the applicant he had sold his shares or why and that he only discovered the sale some two years later; (0) there is no suggestion by the deceased that he created a trust that...

5. [2020] NZEnvC 134 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 566 KB]

   ...allocation water from Waiwera Creek (at the same point of take, i.e. take point 14b). That is applied for because the Rutherfords are considering the development of a storage dam to enable 7 S A Dicey affidavit 2 August 2019 Exhibit SAD-1 column 4 (Environment Court document 77). 8 Previously .09A and B, renumbered as discussed below. 9 Previously .09C, renumbered as discussed below, "cou 5 water harvesting at higher...

6. Hoete v Faulkner - Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278) [pdf, 302 KB]

   ...airstrip in the plan has been fraught with controversy. In those circumstances, counsel for the Faulkner whānau has submitted, in effect the Māori Land Court is being asked to intervene in a 33 Affidavit of Umuhuri Matehaere dated 25 August 2016– exhibit UM6. 34 Ibid. 35 Respondents’ bundle of documents ref 21. 136 Waikato Maniapoto MB 292 planning dispute which involves an interpretation of the plan and its rules w...

7. LA Provider Manual Part 1 Approvals - December 2018 [pdf, 1.1 MB]

   Provider Manual Part 1 – Provider Approvals Operational Policy Part 1 – Provider Approvals Version 4.2 December 2018 Document owner: Provider Services (Legal Aid), Provider and Community Services, Commissioning and Service Improvement Last updated: December 2018 iii

8. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...when and who had breached it, and when she became aware of those problems. She was also to set out what steps she had taken to enforce the District Court order and if no steps had been taken, why. All asserted grounds were to be supported by affidavit evidence. The Authority also directed that no redacted documents were to be filed without leave. [29] Ms Fechney told the Court that this direction was satisfied by the subsequent filing of an affidavit from UXK, which appended an...

9. Ratu v Marshall - Whangape Lot 65B Sec 2A [2023] Māori Appellate Court MB 115 (2023 APPEAL 115) [pdf, 383 KB]

   ...Court focused on historical issues concerning the homestead. He said the evidence from the trustees and the Marshalls did not address the possibility of Mrs Marshall passing away in the homestead. We do not agree. [20] Mrs Marshall swore an affidavit in the lower Court, where she states:10 …I have left written instructions to my family stating that I would like to lay in state in my own home, like my husband Ted, and for the funeral service to take place on the Homestead site....

10. LD v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 199 [pdf, 327 KB]

    ...submissions were filed. 3 [4] Notwithstanding the clear directions given by Judge Henare to Ms Koloni as to the inappropriateness of evidence being filed without leave and after submissions had been filed, on 27 September 2022, Ms Koloni filed an affidavit (dated 23 September 2022) from the appellant. Then, on the day of the hearing on 4 October 2022, Ms Koloni stated, without prior leave having been sought, that the appellant needed to give evidence at the hearing. [5] Ms K...