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1. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...the s 307/53 application came before the Court and it was noted that s 215/53 precluded the Court from dealing with an application for alienation by transfer where there are more than ten owners in the block. The vendor was directed to file an affidavit addressing the question of consideration. 10. The meeting of owners was held on 6 December 1991 and the proposed resolution was agreed to with an amendment noting that MM Moke held the shares as a beneficial owner. 11. At 106 O...

2. [2017] NZEmpC 101 Nath v Advance International Cleaning Systems (NZ) Ltd [pdf, 217 KB]

   ...that would be given at trial, and to co-operate in the compilation of an agreed bundle of documents. If the hearing was to proceed solely on the basis of the evidence said to have been given before the Authority, directions as to the exchange of affidavit evidence setting out the information, documentation and evidence in that forum would have been required, or (alternatively) an agreed statement of facts. No such directions were made and neither of these options was mooted. Of c...

3. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...Hinerakei died in 1999 with issue. [4] Since Diane died issues have arisen amongst the whānau, over matters such as expenditure of funds, accounting for the proceeds of cattle sales and other sources of income from the farm. [5] In his affidavit of 26 March 2014 Owen Tatana sets out in some detail the issues that have arisen. The following is a summary of key points: 4.1 Ratahi Tatana’s wife Amy retained a life interest in the farm until she died on 1 September 1993. Foll...

4. Barcello-Gemmell - Gore Blocks XVII and XIX Sec 90B2 (2001) 95 South Island MB 36 (95 SI 36) [pdf, 4.8 MB]

   ...to the stream that runs down the hillside and out to sea. Then, by application dated 4 October 2000, James Love, a shareholder in Anatohia, sought a rehearing of the occupation order made in respect of Sharon's application. In an accompanying affidavit, he alleged lack of notice and consent. The rehearing application was heard on 22 November 2000. The Court granted a rehearing of Sharon's occupation order application, on the grounds that the requirements of section 329(2) of t...

5. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 KB]

   ...added that she had “not spoken to anyone outside of [her] office at all, and [she] never would”. Second text [78] Ms NN replied straight away. She says all three texts took place at 12.37 pm. She told Mrs SL that her client could “provide affidavit evidence of [Mrs SL’s] comments” to the client about Ms NN. [79] She then referred to Mr AE having informed her (by text) that Mrs SL had “told” him [Ms NN] “was intimidated by him”. She questioned the “good and p...

6. [2021] NZACC 5 - Andrews v ACC (12 January 2021) [pdf, 214 KB]

   ...Corporation’s letter of 22 July 2015 which says: The medical evidence from Dr Lynch states that there’s no evidence of a concussion injury … [109] She submits that the appellant wants to return to work and this is evident from his affidavit. [110] She says there is a strong suggestion that rehabilitation is not complete in this case and that there is a plethora of evidence that supports incapacity. [111] She says that if Dr Anderson is to be criticised for passing a...

7. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [pdf, 271 KB]

   ...Tribunal on 26 February 2021, copies of certain email communications, at the Tribunal’s request. [95] Mr Moses has filed a memorandum (17 February 2020) and relies on the earlier statement from Ms Mackintosh (9 December 2019) now sworn in an affidavit from her. At the Tribunal’s request, additional documents were filed by Mr Moses on 24 February 2021. [96] No party requests an oral hearing. 4 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 5 Section 49(3...

8. Body Corporate 81738 v Wellington City Council [2010] NZWHT Wellington 15 [pdf, 205 KB]

   ...No inference could be drawn from the brief unsubstantiated owner statements filed due to the large inconsistencies between them. [66] The claimants were given until 31 May 2010 to rectify this lack of evidence but have failed to do so. No affidavits were filed. No expert evidence was adduced to say whether any drop in rentals was due to actual leaks market forces or both. Further there was no consistent evidence as to the time period when leaks allegedly affected rental i...

9. Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) [pdf, 334 KB]

   ...claims settled as part of the affiliate Te Arawa iwi/hapu settlement. These sites were identified as cultural redress properties in the Agreement in Principle leading to the settlement between the Crown and Te Pumautanga o Te Arawa in 2009. In affidavit evidence before the Court below Ms Moke deposes that the reservation status of these properties under the Reserves Act 1977 has been revoked and the titles transferred on or about the 5th of September 2013 to the Trustees of the Ngā...

10. [2020] NZEmpC 141 H and C v RPW [pdf, 269 KB]

    ...oppose those applications, and H did not attend at the first Court hearing on 6 September 2018. H attended Court on the two subsequent occasions when those applications were dealt with. He would have read the substantial evidence contained in the affidavits of the Chairman of RPW who gave evidence at the hearing on 24 September 2018 and who also gave similar evidence at the hearing in November 2019. H also attended court on 6 November 2018 when fines were imposed. When the appli...