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1. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   ...provided a complete, transparent and verified disclosure of her assets. There is a conspicuous lack of any evidence explaining what she has done with the very considerable profits she received. [43] Before Judge Coxhead Ms Adlam had submitted an affidavit in opposition to the charging order. She said that her land interests were small and did not generate any income, and she did not get a distribution or dividend from the land. Before us Ms Van argued that there was no evidence...

2. Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiariki MB 261 (154 WAR 261) [pdf, 226 KB]

   ...1991 version. Mr Bidois reserves his clients’ position on the significance of this, but I am not convinced that the trustees should have been under a misapprehension as to which version was in force. Key events [11] These are set out in the affidavit of the trust chairman John Butler, and the evidence of Eddie Matchitt and Stephen Frires. While the nature and consequences of some events are disputed, I understand there is no dispute about the sequence of events. [12] Between...

3. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...Court took the precautionary approach of appointing amicus curiae to investigate the matter and advise the Court further. Mr S Berry, barrister and solicitor, was appointed for this task. [5] Subsequently, a relatively detailed memorandum and an affidavit from Auckland Council was received which, to some extent, clarified the role of the AIAL in seeking a waiver from the Court in respect of the District Council 's obligation to notify the application. The application for desi...

4. Solomon v Solomon - Manukau Lands Trust (2020) 66 TeWaipounamu MB 207 (66 TWP 207) [pdf, 248 KB]

   ...Court.3 [15] Although there has been no formal notification that the grant has been withdrawn, Maui Solomon says the 1BT funding is seriously in jeopardy through the trustees’ continued failure to sign the 1BT funding agreement. [16] In his affidavit, Paul Solomon claims there is a history of dysfunctional relationships between the trustees, with Raymond Solomon and Debbie King being obstructive and refusing to engage with trustee business and decision-making because of their per...

5. Benjamin v Smith - Te Puna 154D3B2B (2005) 81 Tauranga MB 175 (81 T 175) [pdf, 715 KB]

   ...before signing the deed. No parties have signed the plan itself, and one of the Trustees Mr Louis Bidois has given evidence that he does not recall sighting or signing the plan. Rina Benjamin exhibited a copy of the Deed including the plan with her affidavit of the 18th of December 2003. Not all of the plan is included on the photocopy. I sought a better copy of the plan and found one in perusing the application file for the 2001 occupation order. It has on the extreme bottom left hand...

6. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

   ...Maori Land Court Rules 1994 do not require the filing of a substantive claim. It is 195 Aotea MB 129 acknowledged however that whether there is a serious question to be tried is an essential consideration. To that end, the applicant's affidavit discloses the necessary facts to enable the Court to conclude that there is a serious question to be tried. Failing that, leave is sought to file proceedings per section 18(1)(d) and in accordance with rule 14 of the Maori Land Court...

7. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. She concluded that Mr Patel took adequate steps to evaluate Mr Singh’s options and to explain them. As to his fees, she...

8. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...CIV-2XXX-XXX-XXXX (Date). 13 At [13]. 14 Standards Committee determination, above n 2, at [17]. The Committee refers to LMN Ltd as LML. 6 [31] The evidence provided by Mr BF was the two judgments referred to in this decision together with the various affidavits that were before the High Court and the Court of Appeal. [32] Mr ZL’s instructions to transfer the shares were provided by Ms WR as director of ABC. The Agreement and share transfer form were signed by Ms WR for...

9. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...this would go some way towards meeting the needs of parties who feel their entitlement to ‘file papers in the Court’ should be reintroduced. This would help to assist to reduce the damage done through the often vexatious path of the exchange of affidavits. In relevant parts of the Consultation Document, we think there needs to be clarity between FDR suppliers and providers. We think that often the terms were used interchangeably in the document. We think that it is very import...

10. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

    ...confirmed in North Canterbury Clay Target Association Incorporated v Waimakariri District Council, 36 a great deal of caution needs to be exercised when having regard to them, particularly those documents which pre-date Dome Valley. As always, 35 Affidavit of Craig Alan Barr sworn 19 March 2019. 36 [2014] NZHC 3021 at (18). 13 the task of the court on appeal is to interpret the text and not to rewrite it. 37 [38] Fundamentally, I agree with Mr Beatson: the District Council cannot...