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1. Tamati v Wainohu - Tamati Whanau Trust (2010) 5 Tairawhiti MB 87 (5 TRW 87) [pdf, 83 KB]

   ...concluded his submissions by stating that he regrets having to bring this application, however he and several whanau members have made numerous attempts to discuss these concerns with the trustees to little or no response. [32] The Court received affidavits in support of the application from Te Waiti Jean-Anne Amorangi Tamati, Ginny’s daughter, and Beverly Hauraki, one of the applicant’s sisters. Mohi Tamati, also a sister of the applicant, and Rangi Tamati, a grandchild, also g...

2. Adair v ACC [2012] NZACA 8 [pdf, 69 KB]

   ...assessment. The Regional Medical Officer (the RMO) was asked to review the file because the CS felt that after 24 weeks of ERC, ACC’s responsibility was about at an end and Mr Mackenzie felt that 1 Affidavit of appellant sworn 1/12/10 2 ACC memorandum 3/11/90; submissions for appellant paragraph [2] 3 Report W A Liddell/ACC 30/11/84 4 Submissions for appellant paragraph 25 5 Report A B Mackenzie/ACC 5/2/85 3 the injury should n...

3. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...to take instructions on company matters, after providing advice on the two issues in 2002. [55] He advised that the Practitioners had not received any further instructions from the company, subsequent to those received in 2002. He has sworn an affidavit to that effect for the High Court. I am satisfied that [Law Firm L] took no instructions on behalf of the company, other than in respect to the two matters which were dealt with in 2002. [56] There is no evidence to support argumen...

4. Witehira - Awarua A25 (2008) 128 Whangarei MB 282 (128 WH 282) [pdf, 3.5 MB]

   ...that to 18 January 2008. She did not render any invoices and did not appear at the hearing on 08 October 2008. I have becn advised that she was served the Slll1UIlOl1S on 30 September 2008 (though I have yet to 128 Whangarei MB 293 receive an affidavit confirming selvice of the summons) and was aware of the Court sitting on 08 October 2008 as Josephine Falihing-Aperehama spoke to her on the day of the hearing. [38] The sUl11l11ons was issued under Rule 53 of the Maori Land Court...

5. LCRO 41/2015 CL v JW and IB (26 June 2018) [pdf, 241 KB]

   ...that “the facts that gave rise to the subsequent lodging of [the] caveat were relatively novel in terms of litigation on the matter” is irrelevant. Mr JW’s attribution of responsibility to Mr CL is misplaced. It is noted that Mr CL’s affidavit in the caveat proceeding, drafted under Mr JW’s supervision, obfuscates the fact that it was Mr JW and his firm that had advised Mr CL. [81] However, there is nothing to be gained on review by a finding of unsatisfactory conduc...

6. Smith v Courtney - Ohuirua No 2 [2011] Māori Appellate Court MB 284 (2011 APPEAL 284) [pdf, 1 MB]

   ...easements. 3 [16] Counsel for the respondents attached to their submissions an annexure "A", which was a schedule of owners who had indicated support or opposition for the application. Opposition came in a variety of ways - by letters, by affidavit and/or orally at one or more of the hearings. [17] During the course of oral argument before us there were some minor adjustments to that schedule, however the position arrived at was that on a head count basis 12 out of 17 ow...

7. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...the Court indicates that this evidence is a fair assessment of the state of the buildings. He indicated that since Mr Bristowe had 151 Gis MB 254 passed away, his whanau had taken occupancy of some of the buildings. Mr McClutchie also filed an affidavit on 11 July 2001 indicating that the Trust wanted to work with all the beneficiaries of the reservations to give effect to both the wishes of the late Mr Bristowe and the purposes for which the reservation was created. It was obvious...

8. LCRO 124/2016 LE v AP and MC (20 August 2018) [pdf, 191 KB]

   ...except for one remaining issue, that of costs”.1 His Honour timetabled the filing of submissions in September 2014. On Mr LE’s instructions, the lawyers filed submissions accordingly. WorkSafe filed submissions in reply with a supporting affidavit. Both sets of submissions included reference to the deadline for the filing the appeal. It seems the Court file was then misplaced and not all of the materials that had been filed reached their destination. The matter resurfaced in...

9. [2018] NZEnvC 220 Middleton Family Trust v Queenstown Lakes District Council [pdf, 4.1 MB]

   ...relatively thin. It comprises its s274 notice (which essentially just asserts this status), its waiver application (the essential substance of which is described at [9] - [11 D, and its submissions (which I have traversed). There is no supporting affidavit from claimed affected members or other documentation (such as any copy of the Society's objects or rules) . 29 Mt Christina, at [64]. 14 [54] Secondly, on the information presently available, I am not persuaded that the...

10. Carey Clan Trust v Still [pdf, 100 KB]

    ...estimated costs of remedial work. A cursory evaluation of the assessor’s report indicates that less than 50% of the remedial expense might possibly be attributable to architectural negligence.” (Emphasis added). 52. Mr Buckley provided affidavit evidence in support. 53. The claimants rely on negligent misstatement. The basic rule is set out in Hedley Byrne v Heller [1964] AC 465, 483 and 534. A false statement made by A to B upon which B relies to his or her detriment...