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1. MC v VB LCRO 175 / 2011 (18 June 2012) [pdf, 117 KB]

   ...pursuant to section 152(2)(c) of the Lawyers and Conveyancers Act 2006 that further action was inappropriate or unnecessary. It recorded its reasons for this determination in the following way: 3 1. The Committee was of the view that the affidavit of Mr [MD], director and shareholder of [AEE], answered the questions it had raised. a) Mandate There is evidence, which confirms that there was a mandate agreement created on 2 April 2008, and there is a copy of the unsigned man...

2. TB v NX LCRO 80 / 2011 (13 December 2012) [pdf, 134 KB]

   ...the Lawyers and Conveyancers Act. [38] It is not necessary to recount in full the details of the attempts made by this Office to have Mr NX comply with that request. Should it become necessary to do so, 7 full details are included in an affidavit sworn by me on 26 March 2012 in support of an application to the High Court5 in the exercise of its inherent jurisdiction to compel Mr NX to provide his files and records. [39] What is important to record however, is that the atte...

3. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...nearly 50%. [45] The major increase in costs beyond the estimate took place between the bills dated 13 January and 12 February 2009. A review of the time and records of the work 8 undertaken during this period shows that during this period affidavit evidence was finalised. The costs assessor has commented that the time taken over these tasks seemed to be extraordinarily long, but I again note the below market hourly rates applied by the Practitioner. [46] The overall pi...

4. Tuwhangai v Boon – Kawhia U 2B Block - (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) [pdf, 303 KB]

   ...[2] June Ormsby passed away on 21 November 2016 and an application for transmission by way of survivorship was filed by Niki Tuwhangai on 21 August 2017. An initial objection,2 followed by a notice of intention to appear together with a supporting affidavit,3 was filed by Christine Boon, the daughter of June Ormsby and administrator of her estate. Ms Boon opposes the application and claims that she and her siblings are entitled to their mother’s share in Kawhia U 2B. Ms Boon’s...

5. E73 Prof David Williams - EIC - Ngāti Whātua Orākei [pdf, 5.6 MB]

   ...relation particularly to points 2.1, 2.2 and 2.8 in paragraph 16 above. My evidence 18 I am familiar with a range of leading texts on tikanga Māori and the early history of Auckland, which form part of the background knowledge on which this affidavit is based. In particular I am familiar with the research and writings of Sir Ian Hugh Kawharu who was, until his death in September 2006, the leading expert on Ngāti Whātua Ōrākei history and the foremost Ngāti Whātua Ōr�...

6. Roberts - Okoroire 457N1 Maori Reservation (2016) 141 Waiariki MB 134 (141 WAR 134) [pdf, 228 KB]

   ...not believe either are prepared to work constructively with the current trustees in the best interests of the marae. The response to the objections [16] On 8 April 2016 the Court received a letter from Ms Hamilton responding to Ms Robert’s affidavit. She noted: (a) Mr Thompson was not removed in 2013. He lost his seat because he sought re-election and did not receive enough votes. 141 Waiariki MB 139 (b) Ms Roberts has repeatedly raised the matter of the missing Trust Wa...

7. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...financial position rather than simply assert it. It noted that she may have completed an Inland Revenue form providing particulars of her income, assets and liabilities and said that if she had not already done so, she should complete that form and an affidavit stating that its contents were true and correct. [19] Ms Goldsmith provided evidence that despite what she had previously said she had the resources to make a payment of more than $67,000 to Inland Revenue, which it had ac...

8. LCRO 199/2015 PA v TD and RN (25 July 2018) [pdf, 127 KB]

   ...without prior advice and on the understanding she was transferring the shares to a Trust, and not Mr PA personally). QN is an expert forensic accountant who is widely recognised in litigation before the High Court. [21] The lawyers also referred to affidavits of documents which ran to many pages and the voluminous documentation disclosed in the course of the proceeding. [22] The lawyers attached copies of correspondence recording the terms of settlement offered by Mr PA in the for...

9. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [pdf, 222 KB]

   ...significant factor in assessing sanctions. She ignored invitations from the Authority and the Tribunal to participate in the disciplinary process, until sending an unduly brief submission to the Tribunal on 11 sanctions, unsupported by any affidavit, statement, financial or other documentary evidence. [46] While Ms Tian accepts not doing her job in a professional way and hence her wrongdoing, she makes no apology or expresses any remorse. An apology to the complainant wou...

10. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

    ...2020. 2. It finds that the Applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in the Employment Relations Authority. 3. It also finds that having regard to all the circumstances disclosed by affidavit evidence filed in support of the application, there is a danger that a determination against the First to Fifth Respondents in the Employment Relations Authority in favour of the Applicant will be wholly or partly unsatisfied, becaus...