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1. [2022] NZEnvC 178 Lomai Properties Limited v Auckland Council [pdf, 698 KB]

   ...the agreement reached between the parties and providing analysis under s 32AA to justify the agreed changes to the PC61 provisions. Following this request, the parties filed a second joint memorandum dated 1 June 2022, which was supported by an affidavit from a planning consultant. [5] A Consent Determination (the Consent Determination),1 was issued on 7 June 2022. As recorded in the Consent Determination, the parties to the PC61 appeal reached agreement on all matters, except for t...

2. [2024] NZREADT 40 - CAC v Tafilipepe (25 October 2024) [pdf, 367 KB]

   ...such order would be symbolic only. A prohibition order is warranted to mark her disgraceful conduct and uphold the integrity of the profession. [50] In relation to Ms Tafilipepe’s financial position, it is noted she has not provided any affidavit evidence. She remains a current director and shareholder of a number of companies. [51] As for the application for non-publication, the Committee contends it has not come close to meeting the high threshold required to outweigh th...

3. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   LCRO 228/2014 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [Area] Standards Committee BETWEEN AB Applicant AND CD Respondent DECISION The names and identifying details of the parties in this decision have been changed Introduction [1] Mr AB has applied for a review of a decision by the [Area] Standards Committee which, followin

4. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...that judgment. The High Court’s judgment 3 was delivered on 24 November 2011. [3] The matters relevant to the decision of this application include the nature of the proceedings in both Courts illustrated by the pleadings, augmented by some affidavit evidence from each side. That the Court is empowered to order a stay is agreed. So, too, is the broad test for determining whether a stay should be granted. That test is the interests of justice in the particular circumstances of...

5. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...under s347 of the Crimes Act 1961 from criminal charges brought against him by the police. His reinstatement is opposed by the defendant. [4] At the remedies hearing Mr Hawkins gave oral evidence. The defendant produced no evidence other than an affidavit which addressed one relatively minor point in Mr Hawkins’s evidence, which had no effect on this judgment. The issues [5] Mr Hawkins seeks the following orders: 1. Reinstatement. The issue is whether reinstatement would be...

6. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

   ...Gilbert e) The Crown [20] There was opposition to the application by Mr Barrett and support in general terms for Mr Barrett’s position recorded in the notices filed on behalf of Errol, Tuhi and Rodney Gilbert. Mr Barrett filed a memorandum and affidavit and spoke in support of these at the hearing. He also had the opportunity to cross-examine the Ngāti Pu witnesses. Mr Barrett raises a number of matters which we will need to consider but for present purposes it is sufficient to...

7. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...prompt settlements and increase the tendency for defended hearings. [7] These grounds are developed further in the supporting submissions filed by Ms Humphrey. The opposition [8] In opposing the application the Director has submitted: [8.1] No affidavit has been filed in support of the defendant’s application. It follows that there is no evidence of any potential adverse impact of publication on the defendant or anyone associated with her. The defendant has not sought to distin...

8. Legal aid consultation paper: new family legal support - September 2013 [pdf, 457 KB]

   ...leave to apply because of changed circumstances, or applications to file consent memoranda will not be able to access further funded legal assistance if they have already used it for the first application. New Family Court application and affidavit forms will have a standard format and aim to be easier for parties to understand and complete themselves. We believe that a person who has benefitted from legal support and assistance in their first application to the court should no...

9. Henare v Maori Trustee - Parengarenga 3G costs [2012] Māori Appellate Court MB 540 (2012 APPEAL 540) [pdf, 215 KB]

   ...the appellant was entitled to an award of costs. If the appellant wished to pursue costs they were to file a memorandum. Counsel for the respondents then had an opportunity to respond. [3] Counsel for the appellant has filed a memorandum and affidavit evidence noting they have incurred $17,134.44 (excluding GST) in terms of time and attendances for this appeal. Adding $640.51 of outstanding disbursements and GST to the time incurred the applicants total costs are $20,441.19. The...

10. LCRO 25/2016 RZ v LB [pdf, 229 KB]

    ...withdraw the proceedings in the meantime. (h) In his view, he could not withdraw the proceedings until, on 9 June 2015, he had Mr HD’s authority to do so. In any event, it had been in the interests of Mr RZ to file his notice of opposition and affidavit, and that served “further (to) inform Mr HD how he could proceed in the litigation”. Therefore, whether Mr LB contacted Mr RZ earlier or otherwise was an “irrelevant consideration”. (i) Costs should have been addresse...