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1. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...Ngae Farm Trust to replace trustees was declined. NRKC are clearly the successful party. I also note that the proceedings were conducted in a manner comparable to civil litigation, as all parties were represented by legal counsel, evidence and affidavits were filed and heard, and witnesses were cross-examined. On the face of it therefore, NRKC would be entitled to an award of costs. [14] However, one of the important principles in any costs award is the role of the Court in faci...

2. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...go through the correct procedure. d) Applications for injunctions under ss 19(1)(a) and 19(1)(b) must comply with the Māori Land Court Rules 1994, rule 81 of which states that the application 18 Tākitimu MB 269 must be supported by an affidavit or statutory declaration verifying the facts and setting out any circumstances that may require urgent consideration. There is no basis for an injunction because: i. Nigel Baker and his direct antecedents have cared for the urupā...

3. Hale v Chester Burt Funeral Home Ltd [2012] NZHRRT 10 [pdf, 76 KB]

   ...2011 and Chester Burt Funeral Home Ltd was to file its briefs of evidence by 17 October 2011. Subsequently, following a dispute over discovery, the Chairperson by Minute dated 13 October 2011 directed that the parties give formal discovery. The affidavits of documents of both parties were to be filed and served by 4 November 2011 with the briefs of evidence by Mr Hale following on 25 November 2011 and those by Chester Burt Funeral Home Ltd on 23 December 2011. While Chester Burt Funeral...

4. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...employment was made by a third person (a team leader) due to production orders dropping. Two other temps working in the same team as Ms Scarborough also had their temporary assignments terminated on the same date for the same reason. [6] In his affidavit filed in support of the present application Mr McColl again emphasises that he never met or spoke to Ms Scarborough and her complaints are completely without foundation. His reasons for seeking an order prohibiting publication of his na...

5. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...a very assured and confident witness but rather tense over this situation, if not uncomfortable, under cross-examination by Ms MacGibbon, However, she was very assertive under cross-examination by the appellant. 7 [28] By consent, an affidavit was filed by one of the vendors fully supportive of the process and conduct of the licensee. The vendors are close friends of the licensee. That line of evidence was repeated by the other vendor. The stance of the appellant [29]...

6. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

   ...a date upon which they say the building contract was completed. They say that, although the house was „substantially complete‟ when possession was given and taken on about 16 December 1990, „building work continued into 1991‟. In his affidavit Mr Johnson says that items were finished by Mr Watson „during early 1991‟, after they had moved in. No details are given. There is, however, no suggestion that any of this post 16 December 1990 work was causative of the proble...

7. AG v ZQ LCRO 204/2011 (14 February 2014) [pdf, 102 KB]

   ...from his correspondence) since among the correspondence he expresses his grievance about being “unlawfully bankrupted as a result of an invalid Property Law Act Notice”. He alleged that the Practitioner had deliberately misled the Court in an affidavit he had sworn, and which led to the Court granting the first mortgagee possession of one of the mortgaged development properties. The Complainant explained6 that his own lawyer had not picked up an error in the PLA notice, which...

8. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...should explain the allegations in the complaint with reference to her records and produce those records. Response to the interim decision [13] The adviser, through her counsel, responded to the interim decision. The response did not include any affidavits, or an application for an oral hearing. The response comprised submissions that contended: [13.1] The complainants failed to inform the adviser of the character issue; she could not have anticipated it. [13.2] Delay in filing the a...

9. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...hearing on 15 February 2017 and various timetabling orders were made. Evidence was filed for Mr Domingo. No evidence was filed or presented on behalf of the defendant. Accordingly the hearing proceeded on the basis of Mr Domingo’s unchallenged affidavit evidence and legal submission. Non-compliance - s 140(6) [10] Prior to making any of the orders set out in s 140(6), the Court must be satisfied that the person has failed to comply with a compliance order made under s 1...

10. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

    ...It was Ms Buczkowski’s obligation as an agent to advise Mr Spring and Ms Norris of the risks of accepting a tender with a post-dated deposit cheque. Mr Spring claims he was not told of the risks. Mr Spring does not address this issue in his affidavit of 6 September 2017 (but does in his other written material), but Ms Buczkowski states she did inform the vendors of the risks of a post-dated cheque. She produced copies of the file notes she made in her diary on 26 March 2013. A...