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  1. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

    ...Lechtchinskis) were unsuccessful, they still held substantial merit.17 In particular, the Tribunal held that:18 … It was not possible for any of the parties from whom the Lechtchinskis now seek costs to know prior to hearing that Mr Allwood’s affidavit would not be supported by his oral evidence. Those parties were justified in pursuing their claims against the Lechtchinskis and therefore it was not unreasonable for the claimants to decline the Lechtchinskis’ offer of settlemen...

  2. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

    ...regarded this as a problem. She told the office manager that she “was concerned that a debtor who was being pursued by our clients appeared to be a client of the firm, and that this was an actual or potential conflict of interest”. In her affidavit she went on to say that, while she did not feel able to interrupt the client meeting, as soon as she could she spoke with Ms Saunderson-Warner about the “problem that (she) had identified”. There was a discussion about the H’...

  3. White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court MB 143 (2016 APPEAL 143) [pdf, 479 KB]

    ...material provided by the Potroz Family Trust. Mr Fisher and Mr White had no involvement in that process as they were unaware of the application. [8] By the time of the rehearing application hearing on 24 October 2014, the lower Court had received affidavit evidence from both parties. Mr Fisher and Mr White swore a joint affidavit dated 14 October 2014 in which they set out their connection to the land, their understanding of the history of the land, and various points challenging...

  4. Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) [pdf, 342 KB]

    ...agreement to lease the land on which the project was to be constructed. 10 Trustees of the Otonga Whānau Trust v The Trustee of the Matatā Parish 39A2A Ahu Whenua Trust, above n 5, at [23]. 11 Affidavit of Taryn Tauhei Tuari dated 18 August 2010, Exhibit “C” and “D”, ROA at 1765 to 1809. See also Bundle of Documents for the Applicant dated 25 September 2012, ROA at 4371 to 4394. 2015 Māori Appellate Court MB 67...

  5. [2023] NZEnvC 200 Hanan v Queenstown Lakes District Council [pdf, 727 KB]

    ...The evidence [31] We heard from experienced landscape and planning experts.17 We also heard from several local residents. Dame Elizabeth and David Hanan gave evidence on their own behalf. They also called Mr Mark Hosie and adduced several affidavits from Arrowtown residents or representatives of residents’ associations or groups.18 In addition, we heard from a s274 party, Mr Kenneth Swain, a resident of Cotter Avenue, Arrowtown. Site visits [32] According to an itinerary...

  6. [2017] NZEnvC 037 Wellington Fish Game Council v Manawatu-Wanganui Regional Council [pdf, 3.7 MB]

    ...intensive farming activity where is no willingness to reduce N loss but mitigation is both possible and efficient will be given a consent term of 3 to 5 years . ... " was unlawful, invalid and in contravention of the Act. [38] Ms Marr's affidavit showed that the Council had been assessing and granting consents in accordance with the Resolution. She identified consent examples where the justification for relying on the Resolution is stated to be that Policy 14-5(d) of the...

  7. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

    ...Emery who was unavailable to attend the hearings due to illness. Other evidence was ruled inadmissible. The proceedings have occupied eleven days of hearing time, including interlocutories, involved eight principal witnesses, some with lengthy affidavits and exhibits, and have generated almost 500 pages of evidence and submissions recorded in the Court’s minute books. It has been a significant case. On Friday 27 August 2010 an oral decision was issued as set out in paragraphs...

  8. ENVC combined interested-party notices M to S [pdf, 7 MB]

    IN THE ENVIRONMENT COURT ENV-2013-AKL-000174 AT AUCKLAND IN THE MATTER of the Resource Management Act 1991 (Act) IN THE MATTER an application under section 87G of the Act BETWEEN WAIHEKE MARINAS LIMITED Applicant AND AUCKLAND COUNCIL Respondent - NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 TO: the Registrar Environment Court PO Box 7147 Wellesley Str

  9. LCRO 9/2024 & 12/2024 QB v WF and SY & WF and SY v QB (27 June 2024) [pdf, 1.3 MB]

    ...and possibly another, unspecified member. She also requested that a competent employment law practitioner be included on the Committee . [68] The stated basis of the assertion of bias was that one of the Committee members had once witnessed an affidavit and that the applicant had been ordered in those proceedings to pay the witness’ firm’s “atrocious bill” for doing so. [69] The Committee resolved to proceed to hearing, gave notice of a hearing on the papers on and...

  10. Hemi v Ritchie - Whaanga 1D1D Roadway (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) [pdf, 745 KB]

    ...The map below shows the HWT house and the boundaries of their portion of the cross-lease land: 11 The purpose of this hui was to discuss the placement of the boardwalk and G track to provide pedestrian access to the sea as referred to in the Affidavit of Hohua Warren Hemi, 18 January 2023, at [43] in the Common Bundle at 238. 12 Hemi v Waikato District Council [2011] NZEnvC 99. 282 Waikato Maniapoto MB 19 (a) At approximately point I is the gate constructed by the HWT,...