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1. Auckland Standards Committee v Holmes [2011] NZLCDT 31 [pdf, 94 KB]

   ...trustworthiness”. [22] Like the NZLS, the Tribunal accepts that Mr Holmes is an honest and dilgent man and that he is held in high regard by his colleagues in the legal profession. By way of confirmation of his standing, we received as evidence affidavits from Mr Brian Keene QC, and Nola Dangen, Consultant to the practitioner’s firm. Both attested to his character and integrity. We have already mentioned Mr Holmes’ unblemished record in 40 years of practice. We tend to...

2. H Ltd v HF [2025] NZDT 168 (24 February 2025) [pdf, 225 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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 determinat...

3. OIA-124127.pdf [pdf, 1.5 MB]

   ...work undertaken by a legal aid lawyer to prepare for sentencing can continue to be funded. This can include time spent by lawyers on sentencing submissions, in briefing or liaising with a person called by the offender, or helping prepare statements, affidavits, etc. that touch on or address the factors outlined in section 27. 10. This work would fall under existing sentencing related fixed fees in the Legal Aid Criminal Fixed Fee Schedules. While these fees were not increased in response...

4. T Ltd v O Inc [2025] NZDT 169 (13 February 2025) [pdf, 124 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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 determinat...

5. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...recognises that the Tribunal is normally best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.” [22] And again in Hart v Auckland Standards Committee 1:2 “[185] As the Court noted in Dorbu, the ultimate issue [when consider...

6. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

   ...instructions and actions simply did not happen. For her part, the respondent said that she drafted the documents in accordance with instructions and with appropriate advice and explanation to B and J. [10] C is the daughter of B. She had sworn an affidavit dated 8 May 2017 in which she described the background circumstances leading to the creation of the wills, trust deed and powers of attorney by the respondent. The M Avenue property was on a steep section such that it was diffi...

7. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...that there is no need to amend the purpose of the reservation before commencing work on the proposed housing project. There are also plans to “regularise [the] Marae in regard to the Youth Court for Christchurch”.9 At [14] of Mr Dewes’ affidavit dated 19 July 2013, he states: Given recent advice from Mr Tamihere we do not believe we need to amend the 1990 Gazette Notice as to purposes. In his opinion, it allows for our Trusteeship to evolve and adopt policy to meet the new...

8. Marumaru v Waipakuranui Incorporation (2012) 279 Aotea MB 137 (279 AOT 137) [pdf, 294 KB]

   ...having left during the lease discussion). The report on the farm prepared by John Stantiall, which canvassed the options of selling the Howard‟s block and leasing the farm. 279 A otea MB 145 Reply from Mr Marumaru [34] In a reply affidavit dated 29 July 2010, Mr Marumaru maintained his interpretation of events. He also claimed that the kaupapa of the Incorporation, to maintain the farm and farm it themselves, has been forgotten. In addition, he alleged that the shareho...

9. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   KANA SHANMUGANATHAN v POWERNET LIMITED NZEmpC CHRISTCHURCH [2015] NZEmpC 104 [2 July 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 104 EMPC 285/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN KANA SHANMUGANATHAN Plaintiff AND POWERNET LIMITED Defendant Hearing: 25 - 26 May 2015 (heard at Invercargill) Appearances: M J Thomas, counsel for the Plaintiff

10. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

    ...with the date decided upon. In this case, however, I found that exercise to be virtually impossible without resorting to the Authority's determination. I also obtained assistance from other documentation before the Authority, including an affidavit Mr Pickering had produced "in respect of his earnings". That particular affidavit was included in the bundle of documents produced in this Court but its contents were significant and what he had to say should have...