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1. LCRO 22/2020 N&Y LK v XZ (19 May 2021) [pdf, 231 KB]

   ...issues addressed by the Committee were:11 i. Whether Mr XZ acted in a conflict of interest situation in breach of Rule 6.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“RCCC”); ii. Whether Mr XZ in his affidavit misled the Court in breach of RCCC 13.1; iii. Whether Mr XZ in his affidavit failed to provide all information relevant to the Court in breach of RCCC 13.7; iv. Whether Mr XZ in his affidavit may have attacked the complainants’ re...

2. [2022] NZEnvC 214 Palmerston City Council [pdf, 335 KB]

   ...waters and transport infrastructure), and a lack of accessible community infrastructure and services to meet local needs.5 [6] The Council has prepared and notified PCG to address these issues. The Council's application is supported by an affidavit of Michael Duindam, Principal Planner at the Council. 6 Legal basis [7] The Council submits that the Court has a wide discretion in relation to granting or refusing s 86D applications but subject to the requirement that any discret...

3. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...to a parentage test, but rather challenge Ms PW’s evidence on which the paternity order was granted. [7] As described in my later analysis, from 1 June 2016 Mr TL acted for Mr MC to have the paternity order set aside. He drafted Mr MC’s affidavits, provided advice, and assisted drafting Mr MC’s mother’s and brother’s supporting affidavits. [8] Mr MC also asked Mr TL to inform the police if Mr TL considered Ms PW, by knowingly using a false address for [Mr MC] in her 2...

4. [2021] NZEmpC 156 Butt v Attorney-General sued on behalf of the Ministry of Health [pdf, 238 KB]

   ...September 2021 Reasons: 20 September 2021 REASONS FOR JUDGMENT OF JUDGE KATHRYN BECK [1] This is an application by the Attorney-General on behalf of the Ministry of Health and the Minister of Health to exclude particular affidavit evidence filed in response to his application to strike out or dismiss proceedings filed by Mr and Mrs Butt. Background [2] Mr and Mrs Butt discontinued earlier proceedings against the Ministry and Minister of Health afte...

5. [2013] NZEmpC 79 Auckland Council v George [pdf, 117 KB]

   ...are reserved. [14] Issues relating to the purchase order documentation came back before Judge Travis on 14 November 2012. He directed that if the documents were not able to be provided to Mr Drake within two weeks then the Council was to file affidavits explaining what steps had been taken to locate the documents and why they could not be found by 7 December 2012. In the event an affidavit was not filed within that timeframe. The matter came before me on 19 March 2013. In my mi...

6. [2013] NZEmpC 100 NZ Language Centres Ltd Etc v Page [pdf, 241 KB]

   ...unsatisfactory state of the plaintiff’s records following a receivership in Australia. Counsel would then endeavour over the ensuing three months to agree on remedies and if they could not, then they would produce further evidence by way of affidavits initially, and supplementary submissions. I therefore adjourned the matter part-heard. [132] On 29 November 2011 the defendant filed what was described as his “first supplementary evidence”, which consisted of an affidavit anne...

7. Care of Children Applying for a Court Order guide [pdf, 3.9 MB]

   ...any more information or help, please visit the Family Justice website www.justice.govt.nz/family, visit your local Family Court, call 0800 2 AGREE (0800 224 733). 02 Contents How to complete your application 04 Tips for writing evidence – Affidavit 06 Is your application urgent? 08 What type of order do you need? 08 1. Parenting order (5 types) 09 2. Guardianship (2 types) 11 3. Settle a dispute between guardians (3 types) 12 4. Order preventing removal of a child from New Z...

8. [2021] NZEmpC 105 TPT Forests Ltd v Stronge [pdf, 189 KB]

   ...argument in the documentation, and it is not possible to dismiss it at this stage of the proceedings. 1 TPT Forests Ltd v Penfold [2021] NZEmpC 39, [2021] ERNZ 112. [7] Relying on that paragraph, CNCo asserts that Mr Procter’s affidavits are therefore relevant to it because they speak to precisely the issue it is grappling with, namely, how did this closely-held group of companies operate? TPT opposes the application on various grounds [8] TPT opposes the appli...

9. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

   ...RMA. [6] On 29 August 2019 the court issued a decision3 striking out the Society's s274 notice on the basis that it had not filed further evidence to satisfy it of its standing under s274(1)(d) . The Society had in fact fi led a number of affidavits, as detailed below, together with submissions and evidence in support which, regrettably, had not been considered. 2 3 [2018] NZEnvC 220. [2018] NZEnvC 220 at [38] . [2019] NZEnvC 144. 3 Recall [7] Section 278 states...

10. [2011] NZEmpC 20 Miller v Fonterra Co-operative Group Ltd [pdf, 81 KB]

    ...judgment I referred to the taking of the evidence of a witness who was very unwell and the arrangements that were made for that evidence to be taken on Tuesday 5 October 2010. That witness sadly passed away on 16 September, but in the plaintiff’s affidavit in support of the application for further and better discovery, sworn on 12 August 2010, Mr Miller annexed an affidavit of that person, Mr Young, which was sworn on 29 May 2008. [2] Mr Rooney, counsel for the defendant, has i...