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1. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...will need to file evidence and be available for cross examination. Mr Edwards would then be entitled to provide evidence in rebuttal. To avoid doubt, Mr Edwards will be appointed but if those making allegations against him are prepared to file affidavit evidence or attend court to give sworn evidence and be available for cross examination, then that option is open to them. In making these comments I refer the parties to the recent decision of the Māori Appellate Court concerning...

2. LCRO 21/2019 IV v EC and HL (21 December 2020) [pdf, 216 KB]

   ...information barrier was established, with different members of the firm acting for Mr IV and the purchaser. They say both parties were informed the firm also acted for the other. … [24] The Committee also noted the evidence provided by Ms RG in an affidavit relating to the various matters raised by Mr IV in his complaints. Ms RG deposes that 5 At [16]. 6 See [11] above. 7 At [18]. 8 At [19]. 9 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008....

3. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...once to her (by both the Tribunal directly and her former counsel) to respond to the complaint referred to the Tribunal. While I will consider her reply to the Authority, the weight to be given to it is undermined by the lack of any supporting affidavit from her and by her failure to provide any explanation or evidence to the Tribunal. [64] Through her then counsel, Ms Proudman told the Authority that she was not aware of the decline of the daughter’s visa on 19 July, until check...

4. [2020] NZEnvC 019 Director General of Conservation v New Zealand Transport Agency [pdf, 3.3 MB]

   ...are no more than minor, changes to the effect on the environment and only involve minor changes or adjustments to the boundaries, then the proposition may fit clearly within the realms of Section 181 (3). Given the assertion contained within the affidavit as to ownership of the properties, it seems that there may be power under Section 181 (3) for the Council to alter without affecting the appeal process. Alan Hope tla Victoria Lodge v Rotorua District Council [201 OJ NZEnvC 7. Foo...

5. Gwak & Kim TRI-2020-100-006 Procedural Order 5 [pdf, 223 KB]

   ...construction and the defects and damage occasioned to the claimants’ home and to respond to the claims against him. The assessors’ reports do not assist in that inquiry. No other party’s documents do either. [110] I have not overlooked that the affidavit of Stephen Hubbick for the third respondent identified and appended a number documents held by Auckland Council on its file. I have reviewed those documents. [111] My view on seriously prejudicial effect of the loss of Mr...

6. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...70 allows the Court to appoint a barrister or solicitor to represent any class of person. It is clear that this class need not be exclusively Māori. (b) Section 95(3) allows the rules made under s 95 to prescribe classes of person before whom affidavits, declarations or affirmations may be sworn or made. Again, clearly these classes need not be exclusively Māori. (c) Section 131 does not limit the class of persons who may apply to the court, which must surely be a reference to a...

7. LCRO 220/2020 UOY - Application for review of a prosecutorial decision (3 June 2021) [pdf, 225 KB]

   ..."no documentation to authorise [payments totalling $331,986 (which includes the $200,000 advance for the TOWN A property)] has been sighted." 26 Ms SV attached this document to her complaint. 15 possession of relevant documents and affidavit evidence from Mr UOY, to substantiate his position that at all times he acted lawfully and with the appropriate authority.27 [91] I pointed out to Mr LX that the time for Mr UOY to have done this, was – at the very latest – upon...

8. SN v D Ltd [2022] NZDT 168 (4 October 2022) [pdf, 283 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

9. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...contends, Mr Wilton knew who was involved in the construction.18 15 Assessor report (23 July 2020) at [8.6], [9.2]–[9.3]. 16 Mr Wilton does not expressly deal with his personal involvement or knowledge of the actual construction in his affidavit (27 October 2021) filed in support of Wilton Joubert’s outstanding application for removal. He states that Wilton Joubert had no involvement with the cladding or non-structural design work. Its only involvement with design or buildin...

10. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

    ...as a result of Mr DG’s failure to pay his outstanding fees; and (o) Mr DG’s claims for compensation were inflated; and (p) Mr DG obstructed attempts to complete standard discovery; and (q) Mr DG deflected attempts to have him complete his affidavit; and (r) Mr DG’s direct involvement with his file was frequently counter-productive and hindered the advancement of his own case; and (s) the memorandum filed with the court seeking an adjournment, acknowledged counsel’s error in...