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1. AQ v UD LCRO 188/2013 (10 August 2013) [pdf, 206 KB]

   ...before the appeal [56] Mrs AQ contends that Mr UD failed to adequately prepare her and her husband for the hearing. Mr UD rejects allegation that no efforts were made to prepare his clients. He says he provided his clients with copies of their affidavits and asked them to carefully re-read them before giving evidence. He says that he gave advice to Mr and Mrs AQ about the need to ensure that they understood any questions that were put to them and the importance if necessary, of...

2. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...criminal offending and assisted him to give immigration advice unlawfully and to dishonestly take fees for the unlawful activity (clause 1 of the Code of Conduct). Ms Zhou’s response [13] Ms Zhou presented a response to the interim decision, by affidavit and orally. She claimed she took all reasonable steps to conduct the practice professionally and in accordance with the Code. She was adamant she did not break the law, was not dishonest or misleading, and she was shocked by the evide...

3. AB v IJ, OBO and EF LCRO 203/2014 (29 August 2016) [pdf, 312 KB]

   ...in writing. Mr [IJ]’s allegations of misrepresentation [51] In his complaint Mr [IJ] asserted that Ms [AB] had made the representations set out in paragraph [45] above. With his reply comments to Mr [VL]’s submissions, Mr [IJ] provided affidavits from himself, his wife and [EF], in which all three depose that Ms [AB] had made these representations at their initial meeting. [52] In her reply to the complaint Ms [AB] said:11 I certainly did not state to Mr [IJ] or Ms [EF] th...

4. Eichelbaum v CAC 303 & White [2016] NZREADT 56 [pdf, 268 KB]

   ...house who did not notice any structural defects. She also said that no one had complained of unevenness. [73] The evidence for Ms White included that of Mr Baxter, a solicitor, who is a trustee of Ms White’s family trust. He said in an affidavit, sworn on 10 June 2016 and filed for the proceeding before the Tribunal that: 22. As trustee, … I was unaware that there was any issue about the house sinking in the North side, such that remedial work or foundation work was nece...

5. Puna - Rotopounamu 1B3A2C (2018) 70 Tākitimu MB 143 (70 TKT 143) [pdf, 574 KB]

   ...Procedural history [10] As foreshadowed, the application for enforcement of obligations of trust was filed on 27 July 2017 by three of the five current trustees, being Mr Puna, Ms Puna-Mangu and Mrs Bartlett. In response, Mrs Huata-Kupa filed an affidavit also seeking the enforcement of obligations and the removal of Mr Puna as a trustee. The application was initially heard on 7 September 2017 where the project and the existing conflict amongst the trustees was discussed.4 With t...

6. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...been done as soon as possible. [73] Following her meeting with Ms JG, Ms VK drafted a file note in which she recorded the following: Ms JG instructed me that she wants us to apply for the Non-Removal Order. I am to come back to her with a draft affidavit in the next few days. In the meantime, we are to apply to have the Border Alert put in place. [74] Ms JG considered that Ms VK’s file note was:14 … not quite correct as I had already given the instructions for the Border Alert...

7. Nelson Lawyers Standards Committee v Stevenson [2020] NZLCDT 42 (15 December 2020) [pdf, 380 KB]

   ...imply the absence of any meritorious defence. Yet, as [16] demonstrates, a coherent defence was entirely capable of being articulated. This closing address failed by a substantial margin to do that.”3 [17] Later the Court noted Mr Stevenson’s affidavit in which he acknowledged: “… that he is “a chronic alcoholic” and that he “will need to reduce [his] consumption to zero”. He says he has “found this to be a difficult process”. However, he also notes that he has...

8. Green - Estate of George Amos [2002] Chief Judge's MB 54 (2002 CJ 54) [pdf, 2 MB]

   ...the contrary and that the evidence given at the time by those persons directly associated with the transaction is deemed to be correct. 10.14 As far as the allegation relating to Mr Sidney is concerned I consider a statement by Mr Sidney in his affidavit to the Court sets out the position. He stated: "Because I was handling a/J aspects of the transaction in the Maori Land Court, I was effectively representing the Amos brothers, and agreed to do whatever was required for Bob G...

9. Clarke v Overington - Maketu A Section 39 (2019) 215 Waiariki MB 95 (215 WAR 95) [pdf, 365 KB]

   ...Court made orders declaring the status of the lands to be Māori freehold land. The status orders as drawn provided that the applicant and Robert Clarke each held shares in the block. No steps have been taken to challenge those orders. In her affidavit, the respondent argued that at the time the land was changed to Māori freehold land she believes the applicant and Robert Clarke intended the joint family home instrument to be at an end. [37] Ms Katipo submitted that, in these circ...

10. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [pdf, 223 KB]

    ...Meanwhile Mrs YL had conducted the appeal and carried out other work on the understanding she was acting for the Trustees, as well as Mr DJ personally, and had had input from both Mr DJ and Mr LP at various times. Mrs YL had, for example, prepared an affidavit on instructions from Mr LP, in which he attested that his belief, like Mr DJ’s, was that the Trust was the “true winner” of the Lotto prize money. Mrs YL had also contacted Mr OV to connect the Trustees with him on the b...