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1. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...made in this case, if they are without reliable corroboration, are notoriously easy to make and difficult to refute. [55] I also comment on one aspect of the defendant’s intended procedure that it may have to review. At paragraph 26 of her affidavit, Mrs Field, the Acting Regional Manager for the Wellington Region of the Public Prisons Service, whose role it was to determine whether Mr Tawhiwhirangi misconducted or seriously misconducted himself, has said of the role of an inves...

2. Olsen v Vercoe - Matata Parish Lot 6A (2015) 116 Waiariki MB 63 (116 WAR 63) [pdf, 260 KB]

   ...101). 116 Waiariki MB 66 (d) Approval is appropriate in terms of s 72 of the Trustee Act 1956; and (e) The terms of trust allow trustee remuneration where approved by the Court. [10] Evidence for the trustees was provided by Mr Olsen. An affidavit dated 10 March 2015 was filed with the Court and Mr Olsen presented his evidence at the hearing on the same date. [11] Mr Olsen provided the Court with background in terms of the lease and how the WDC payment eventuated. A sum...

3. Taurua - Te Tii Waitangi A (2015) 117 Taitokerau MB 260 (117 TTK 260) [pdf, 232 KB]

   ...The sole ground stated in the application was that the trustees had set up an authorised website “which fraudulently affects the income of Te Tii Waitangi Marae i.e. bookings”. [14] However, Ms Taurua filed in support of the application an affidavit dated 3 September 2015 and a statement dated 16 September 2015 which set out further grounds for the application. In addition, prior to the hearing she filed statements dated 29 September and 16 November 2014. Ms Paora filed a...

4. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...Tawa Kaiti witnesses on this point were Messrs Peterson and McGarvey. Their evidence was that on one occasion, 12 February 2008, they saw Tuhoe Putaiao workers extracting metal. Notwithstanding the fact that they attached photographs to their affidavits, they were not useful given they do not specify where the extraction was taking place from. Other than that one occasion, they gave no additional evidence about seeing gravel being extracted. [69] Mr Williamson gave evidence that...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...