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1. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...Commission [2008] NZHRRT 8 and NG v Commissioner of Police [2010] NZHRRT 16, the opening submissions of Ms Russell were received in open hearing. So too was the evidence of Ms Rendall, a legal adviser employed by the New Zealand Police, in that her affidavit sworn on 18 October 2011 was read and received in open hearing. However, once the hearing reached the point where it was necessary for the Tribunal to see the withheld information itself the hearing was closed to all except for coun...

2. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

   ...orders. It was only when she was served with the charges now before us that she realised her appeal had not been lodged, she said. We have some difficulty reconciling that position with the established facts. 10 [28] For example, the affidavits filed with the Tribunal show that Ms Clarkson completed a practice report in late December 2008, some 3 months after the orders had been made against her by HBLPDT. She communicated with the Standards Committee at that time regardi...

3. AF v BN LCRO 166 / 2011 (25 July 2013) [pdf, 144 KB]

   ...cases where he personally has been guilty of misconduct, but extends to a case where his managing clerk, to whom he has trusted the necessary work, is guilty of misconduct, as, for example, in the preparation and filing of incorrect and inadequate affidavits of documents. This case related to an Order for costs being made against the lawyer, rather than disciplinary proceedings, but the principle involved related to whether or not the solicitor had properly supervised the clerk. Th...

4. GN v HJ LCRO 30/2015 (22 June 2016) [pdf, 69 KB]

   ...taken, and to consider instructing other lawyers. He recorded Ms GN being “very quick to respond on that point, and to advise she had every confidence in LM and I to act in her best interests, with diligence and skill”. The lawyers drafted an affidavit in support of Ms GN’s application for temporary protection orders and associated relief against her partner. [19] Ms GN had seen a psychotherapist twice by 20 July 2013 and told Ms LM in an email that “I now understand I can’t...

5. Director of Human Rights Proceedings [NKR] v Accident Compensation Corporation (Strike-Out Application) [2014] NZHRRT 1 [pdf, 91 KB]

   ...always possible to publish decisions timeously. THE EVIDENCE [5] Before addressing the statutory provisions relevant to the jurisdiction challenge it is necessary to provide an overview of the uncontested evidence produced by ACC in the form of an affidavit by Ms M Henderson, Manager Government Services, ACC, Wellington whose responsibilities include signing correspondence to the Privacy Commissioner in relation to complaints under the Privacy Act. To a large degree the issues between...

6. AJ v ZQ LCRO 134 / 2010 (7 February 2011) [pdf, 139 KB]

   ...[52] The Respondent’s recall is uncertain, and this is not assisted by the fact that she would (not unnaturally) have had some difficulty in comprehending the issues being presented by Ms W. [53] Both Ms W and the Applicant have provided affidavits to the effect that they are satisfied that they were instructed by the Respondent to proceed with the settlement, knowing that this would result in the disputed funds being retained. The Applicant also advises that the Respondent...

7. V Nair v Devi [2014] NZIACDT 31 (17 March 2014) [pdf, 214 KB]

   ...further submissions following the interim decision. When replying to the interim decision, she indicated that she still relied on that response in addition a further response. [13] Notwithstanding the interim decision, the adviser has not provided affidavit evidence or sought to have an oral hearing in which sworn evidence could be tested by cross-examination. The adviser has not provided a copy of her file; she says it is lost. In short, the adviser has denied the complaint but provided...

8. Zhang & Cao v Chen [2018] NZIACDT 11 (5 April 2018) [pdf, 202 KB]

   ...agreement in place for a visitor visa application and s 61 request, and saw that work as an extension of her original instructions. [14.5] She failed to inform the complainant of the s 61 request. [15] The adviser supported that position with an affidavit. [16] Counsel for both the adviser and the complainant filed a joint memorandum with a proposal for determining the complaint. They agreed to advance the process with an agreed statement of facts, but only for the purpose of a...

9. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...a regional pathway plan. There is no dispute in this case those steps have been undertaken as confirmed by Mr McKenzie. 4 The Marine Pathway Plan [12] The marine biosecurity context for the NRC approach is detailed in Mr McKenzies' affidavit of 12 April 2018. In short, the objective of the Marine Pathway Plan is to prevent the introduction of new marine pests into Northland, and slow the spread of established marine pests within the region. To achieve this objective, the M...

10. [2018] NZEmpC 56 Rodionov v Ozone Technologies Ltd [pdf, 363 KB]

    ...is at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic. In...