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1. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 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...

2. Central Standards Committee 3 v Sawyer [2022] NZLCDT 38 (28 October 2022) [pdf, 222 KB]

   ...suspension for a lengthy period is, in these circumstances, unrealistic. This decision explains how we have come to the same view. 1 Had we not found misconduct, we would have considered the alternative of unsatisfactory conduct. 2 Exhibit 2 to affidavit of K L Corbett 23 March 2022. 3 Section 7(1)(a)(i) Lawyers and Conveyancers Act 2006 (the Act). 4 Section 7(1)(a)(ii) of the Act and rules under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules) 2008. 5 Sect...

3. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 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...

4. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...whether the issues in dispute could be settled without need for the intervention of the Court. Those attempts were unsuccessful. [9] Mr FB drafted and filed a notice of defence to the application filed in the Family Court, together with supporting affidavits. [10] Those documents were filed on 17 March 2022. [11] Mr FB resigned from the firm on 21 March 2022. [12] His final day of employment with the firm was 14 April 2022. [13] Mr FB advised Mr VG on his last day with the firm tha...

5. Wiri v Tuuta-Rurehe - Lot 62 DP 7991 Ruapani Ki Waikaremoana (2024) 127 Tairawhiti MB 199 (127 TRW 199) [pdf, 282 KB]

   ...Act 2019. Those duties include the duty to know the terms of trust14 and to act in accordance with terms of trust.15 [17] It is also concerning that, to date, the current trustees have not formally responded to Dr Wiri’s application and the affidavits filed in support of his application. This is despite the Court offering the current trustees assistance from the Court’s special aid fund. [18] However, it has been some time since Dr Wiri’s original application and his par...

6. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

   ...Judge, I am very slow to call anyone a liar. That is, someone who has made a deliberate untruthful statement of fact. An honest witness can be mistaken. I found Mr [Y] in giving evidence did so in a clear and honest manner. He set out in his affidavit and in evidence before me that he had a specific recollection of this telephone call. He also has a specific recollection as to why it was important to talk to Mr Jindal before the meeting. That is that he was being asked to provide p...

7. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

   ...than misconduct, ought not to displace this presumption. Mr Hu’s denial of liability, despite accepting he sent the infringing texts, precluded resolution of the proceeding at an earlier stage. Instead, the Committee was required to prepare affidavit evidence for a number of witnesses, including using translation and interpretation services. Extensive opening and closing submissions were prepared and the matter was heard over three and a half days. Ultimately, the Tribunal fou...

8. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 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...

9. [2024] NZEnvC 286 Newsome v Auckland Council [pdf, 249 KB]

   ...were incurred prior to the proceeding being commenced in the Environment Court. However, the Court may award the costs arising directly out of the proceeding. This includes the costs connected with preparation of appeal documents and supporting affidavits. What is exempt are the costs associated with preliminary negotiations and dealings pre- dating the proceeding. These are not the appropriate subject of a costs award. (citations omitted) [43] The appellants warned that the Court...

10. Glossary

    A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q   R   S   T   U   V   W   X   Y   Z A acquit To decide officially in court that a person is not guilty Act A law passed by Parliament. adjourn When a case is put off to a later date. ADR An abbreviation for Alternative Dispute Resolution.  See Alternative Dispute Resolution.   affidavit A written statement made under oath (including by affirmation) bef...

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