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1. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...criticisms in her [date] judgment, as reflecting upon Mr YC’s conduct of those proceedings in a way which raises ethical or professional concerns. [103] Indeed, the judge explicitly addressed the issue about inaccuracies in the liquidators’ affidavits by holding that those inaccuracies “overall … [did not breach] the strict requirements of candour in seeking a freezing order on a without notice basis”.14 [104] I am not prepared to go behind those comments. Indeed, in my v...

2. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...the Court, evidence can also support a birth certificate being accepted by the Court as proving paternity. There the applicant had submitted a complete and conclusive DNA test result supporting the deceased being their biological father, and an affidavit from the applicant’s mother supporting the assertion of paternity. This was sufficient evidence to prove an error was made in the presentation of facts to the Court, leading to the omission of the applicant from the original succe...

3. [2022] NZEmpC 200 Stewart v AFFCO New Zealand Ltd [pdf, 309 KB]

   ...either the possibility of an employee raising a personal grievance within 90 days of the matter arising, or the employee doing so within 90 days of the matter coming to their notice, whichever is later. [59] As a result, Mr Stewart filed an affidavit outlining the circumstances which led up to him formally raising his personal grievance. He stated that on 5 May and 4 June 2019, he had emailed the plant manager on the topic of layoffs of employees where insufficient notice had b...

4. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...13 November 2020 and provided to the parties by the Court in November 2020. This bundle includes the decisions of Judges Beattie and Walker, transcript of hearing before Judge Walker, submissions and memoranda filed by Mr Langston and Mr Hunt, affidavits from Mr Langston dated 18 September 2007 and Mr Mee dated 18 February 2008, the submission of Mr Langston dated 11 February 2020 and 11 documents including from radiology, pain assessment and medical practitioners from February 2...

5. B Ltd v C Ltd & others [2024] NZDT 99 (21 February 2024) [pdf, 213 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 determina...

6. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...sources of frustration for Mr U. He did not consider that his former wife ought to be in receipt of legal aid, and he blamed not only her but the firm representing her for allowing this to continue. It was his view that his former wife had sworn affidavits which were untrue and he alleged that her representatives must have known this to have been the case. [7] Mr U says that although he had been awarded the primary care of the children, his former wife continued to occupy the fa...

7. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   ...requested another meeting with KAM management to further discuss his complaint. On 9 November 2020, Mr Cummings and his lawyer met with the KAM management team, including the Chief Executive and Ms Ottow. At the meeting, Mr Cummings referred to an affidavit by Mr Kremm that stated that, on 1 September 2020, Mr Fincham had told Mr Kremm about Mr Cumming’s refusal to take a drug test. Mr Fincham, who attended the meeting, denied this allegation. Mr Cummings also alleged at the m...

8. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 1 (7 January 2025) [pdf, 258 KB]

   ...client’s older sister and another brother gave similar evidence. [33] An audio recording of the broadcast has been made available to us although only one member of this Tribunal panel is a fluent Samoan speaker. The Bundle contains a 15 Affidavit of Mr Taloto. 16 Bundle, 342, at [19] and [20]. 10 full transcript of the broadcast in both Samoan and English.17 In the course of the programme, Mrs Woodroffe spoke of instructions she received, advice she gave, and how...

9. Ngamotu - Section 1 Survey Office Plan 60553 [2025] Chief Judges MB 1801 (2025 CJ 1801) [pdf, 783 KB]

   ...block of land was still Crown land. (d) On 15 October 2012 – Marae Investigates interviewed Rangimarie Ngamotu on the Orakei Korako Land Block where she was born on 3 April 1940. I will attach this media file clip interview via email as an affidavit from Rangimarie Ngamotu. (e) An application for succession to my grandmother – Herapeka Wharekawa’s land, through her daughter, Rangimarie Ngamotu (my mother). Ref A20220007860 dated 19 August 2022, held in Taupo – Sect...

10. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

    ...What the Court must do is to direct the manner in which the issues which are properly within the Court‘s jurisdiction under s 179(3) are to be put before the Court. Thus, for example, the Court may direct that uncontentious evidence be given by affidavit or that submissions be made by memorandum. In appropriate cases, it may direct that the matter be decided on the papers without a hearing. [17] What then are the effects on this case of the parties‘ and the Court‘s failure t...