Search Results

1. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...the identification of either party. 6 [14] In early November 2016, ITE sent by email to newly elected members of ALA copies of a submission which he had made under the Protected Disclosures Act 2000 (PD Act), as well as links to videos and an affidavit which he had filed in bankruptcy proceedings brought by ALA in the High Court. [15] In a judgment of 12 April 2017, I concluded that the provision of this material to those members constituted a clear breach of the compliance ord...

2. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...Court objecting to aspects of the meeting process and the appointments of Helen Savage and Elaine August as trustees. These documents included several e-mails, a submission on behalf of the Alice Niao-Savage Whānau Trust, and excerpts of a draft affidavit of Lawrence Niao. [14] Ms Vercoe and Mr Niao questioned the process that was undertaken at the meeting with regard to the proxies and sought clarification on the proxy provision in the trust order and the counting of proxy votes....

3. SW v Standards Committee LCRO 371/2013 (14 September 2015) [pdf, 104 KB]

   ...11 Above n 2, at 180,183(k). 14 [72] Rule 13.5.1 provides that: A lawyer must not act in a proceeding if the lawyer may be required to give evidence of a contentious nature (whether in person or by affidavit) in the matter. Rule 13.5.1 - breach [73] At paragraph [20] of its decision, the Committee concludes that there was a significant risk that Mr SW may have been: … required to give evidence in relation to the circumstances in whic

4. AN v DH LCRO 119/2015 (23 December 2015) [pdf, 97 KB]

   ...commenced by Ms DH against MM’s father under the Domestic Violence Act. [19] On 17 February 2014 Ms AN sent an email to Ms DH’s lawyer saying: As a courtesy I’m advising you that I’m referring the matter of TH’s evidence re para 5 of her affidavit to a criminal specialist with a view to perjury proceedings being commenced against TH. If Ms DH wishes to formally retract her statement on the basis that her evidence about Boxing Day contact was fabricated, then that would be...

5. EA v ZZ LCRO 138/2011 and 124/2012 (24 January 2014) [pdf, 150 KB]

   ...Issues arising from her letter of complaint were: (a) Mrs EB died on 15 June 2010. Mr ZZ was advised of this by Mrs EC the following day. Mr ZZ’s first communication with Mrs EA was by way of letter dated 29 July 2010 when he sent to her the Affidavit to Lead Grant of Probate and other documentation. 2 (b) Accompanying the letter of 29 July 2010, Mr ZZ sent to Mrs EA a copy of Mrs EB’s original will and a codicil to that will. He also provided copies of a handwritt...

6. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

   ...preceded Mr AS’s involvement in the matter, and were written at a time when another practitioner within the firm had been heavily involved on behalf of Mr ZI in negotiating with the Entities’ lawyers for almost 12 months. Mr AS refers to an affidavit from the other practitioner within the firm in which he deposed that:14 Neither [the Entities nor their lawyers] were showing any real interest in progressing matters, so amounts that remained outstanding to [the complainant] co...

7. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...at increasing the penalty as a means of deterring Mr QW from future similar mistakes. Mr QW’s response [78] Counsel for Mr QW provided submissions dated 17 June 2016 opposing the suggestion that matters might be sent back to the Committee. Affidavits provided by Mr RN are said not to contain fresh evidence such that remission is required, and if the complaint were returned to the Committee for determination, that would cause delay and prejudice to Mr QW and contravene the requireme...

8. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

   ...effect as an order made on an interim basis. However, the starting point must be that Parliament has not seen fit to provide for the possibility of granting a compliance order on an interlocutory basis, where the Court proceeds by considering affidavit evidence only. [41] A related issue is that the relevant obligation must be regarded as having been established. As the dicta of the cases I have reviewed demonstrates, the compliance procedure is not a fast track method of avoidin...

9. LCRO 176/2016+193/2016 RQ and TS v VU [pdf, 220 KB]

   ...of public knowledge. [56] Mrs RQ thought she was an executor of Mrs XW’s will. She asked Mr VU for copies of both her father’s will and Mrs XW’s will. Once a will has been admitted to Probate it is a matter of public record. Mr VU’s affidavit to lead Grant of Probate to himself was sworn on 15 July 2015, some 27 days prior to his email response to Mrs 14 Standards Committee determination, above n 6, at [9]. 15 At [10]. 16...

10. [2018] NZEmpC 83 Kaikorai Service Centre Ltd v First Union Inc [pdf, 904 KB]

    ...2),16 decided under the Act and Regulations. Lloyd was a case involving an intention by the defendant to call as a witness a former union organiser who had provided advice to the plaintiff. The intended witness had provided the defendant with an affidavit exhibiting correspondence with the plaintiff which only came into the witness’ possession because she provided advice to the plaintiff in her capacity as a union organiser. [24] In Lloyd, the Court concluded the documents wer...