Search Results

1. Ms L v REAA Registrar [2013] NZREADT 47 [pdf, 168 KB]

   ...offending, as described in the Summary of Facts and your barrister’s accompanying letter, does not reflect well on you and raises questions relating to your integrity”. The Stance of the Applicant [5] In her typed evidence-in-chief (being also an affidavit sworn on 19 April 2013) the applicant deposed that she is a X year old single mother with one dependent X year old child. She confirmed that she was convicted in the District Court as stated above and sentenced to six months...

2. Sherburn v CAC 10017 & Harlows [2012] NZREADT 33 [pdf, 168 KB]

   ...December. No objections or requisitions were notified in accordance with cl 5.2(2). The Harlows are deemed to have accepted the title, including the new covenants.” [37] We note that the appellant and his solicitor, Mr Cochrane, have provided affidavit evidence on substantive facts and in terms of the issue of the credibility of the appellant; but it does not seem necessary for us to deal with that evidence in this threshold decision. Nevertheless, we note the submission of Mr Hud...

3. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

   ...When the Commissioner of Inland Revenue sought a change of venue to Wellington Mr Rafiq replied on 14 November 2011 that he wanted the hearing to be in Auckland and added, inter alia, that: (iii) There shall be no evidence provided by the way of affidavit; ... (vi) There shall be no paper submissions of any nature in respect to the dealing of this case; (vii) The Plaintiff does not have to provide any evidence as the onus is on the Defendant to provide evidence to support its gro...

4. Legal aid consultation on Criminal Procedure Act changes to criminal fixed fees [pdf, 637 KB]

   ...hearing/s Receiving decision Any agent fees Reporting to client. Note: Fee covers all hearing time. Schedule D E F – Crown Prosecutions Base Fee Stage Specific General Tasks Administration Obtaining pre-sentencing reports & affidavits Receiving and reviewing disclosure Discussing charges/case/plea with Crown Attending Registrar’s/Judge’s List Court Initial CMM discussions with client and prosecutions Preparation for CMM list event and/or j...

5. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...The Court recognises that the Tribunal is best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.” [82] The comments about personal mitigating factors are important. Mr Morris put it very aptly when he submitted that because t...

6. MC & Ors v ND LCRO 377/2013 (13 October 2014) [pdf, 86 KB]

   ...2012: We also need to make sure you and the other lessees are happy with the funds provided to date being used in this way, and that there is an ability for you to meet costs going forward. We certainly expect to be able to prepare oppositions and affidavits in support with the funds in place, and that if we can use your matter as a test case then hopefully there will still be a surplus from what has already been paid (or at least the work done in preparation for it can be used in other...

7. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...the identification of either party. 6 [14] In early November 2016, ITE sent by email to newly elected members of ALA copies of a submission which he had made under the Protected Disclosures Act 2000 (PD Act), as well as links to videos and an affidavit which he had filed in bankruptcy proceedings brought by ALA in the High Court. [15] In a judgment of 12 April 2017, I concluded that the provision of this material to those members constituted a clear breach of the compliance ord...

8. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...Court objecting to aspects of the meeting process and the appointments of Helen Savage and Elaine August as trustees. These documents included several e-mails, a submission on behalf of the Alice Niao-Savage Whānau Trust, and excerpts of a draft affidavit of Lawrence Niao. [14] Ms Vercoe and Mr Niao questioned the process that was undertaken at the meeting with regard to the proxies and sought clarification on the proxy provision in the trust order and the counting of proxy votes....

9. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...11 Above n 2, at 180,183(k). 14 [72] Rule 13.5.1 provides that: A lawyer must not act in a proceeding if the lawyer may be required to give evidence of a contentious nature (whether in person or by affidavit) in the matter. Rule 13.5.1 - breach [73] At paragraph [20] of its decision, the Committee concludes that there was a significant risk that Mr SW may have been: … required to give evidence in relation to the circumstances in whic

10. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

    ...commenced by Ms DH against MM’s father under the Domestic Violence Act. [19] On 17 February 2014 Ms AN sent an email to Ms DH’s lawyer saying: As a courtesy I’m advising you that I’m referring the matter of TH’s evidence re para 5 of her affidavit to a criminal specialist with a view to perjury proceedings being commenced against TH. If Ms DH wishes to formally retract her statement on the basis that her evidence about Boxing Day contact was fabricated, then that would be...