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1. Eichelbaum v CAC 303 & White [2016] NZREADT 56 [pdf, 268 KB]

   ...house who did not notice any structural defects. She also said that no one had complained of unevenness. [73] The evidence for Ms White included that of Mr Baxter, a solicitor, who is a trustee of Ms White’s family trust. He said in an affidavit, sworn on 10 June 2016 and filed for the proceeding before the Tribunal that: 22. As trustee, … I was unaware that there was any issue about the house sinking in the North side, such that remedial work or foundation work was nece...

2. Puna - Rotopounamu 1B3A2C (2018) 70 Tākitimu MB 143 (70 TKT 143) [pdf, 574 KB]

   ...Procedural history [10] As foreshadowed, the application for enforcement of obligations of trust was filed on 27 July 2017 by three of the five current trustees, being Mr Puna, Ms Puna-Mangu and Mrs Bartlett. In response, Mrs Huata-Kupa filed an affidavit also seeking the enforcement of obligations and the removal of Mr Puna as a trustee. The application was initially heard on 7 September 2017 where the project and the existing conflict amongst the trustees was discussed.4 With t...

3. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...been done as soon as possible. [73] Following her meeting with Ms JG, Ms VK drafted a file note in which she recorded the following: Ms JG instructed me that she wants us to apply for the Non-Removal Order. I am to come back to her with a draft affidavit in the next few days. In the meantime, we are to apply to have the Border Alert put in place. [74] Ms JG considered that Ms VK’s file note was:14 … not quite correct as I had already given the instructions for the Border Alert...

4. Nelson Lawyers Standards Committee v Stevenson [2020] NZLCDT 42 (15 December 2020) [pdf, 380 KB]

   ...imply the absence of any meritorious defence. Yet, as [16] demonstrates, a coherent defence was entirely capable of being articulated. This closing address failed by a substantial margin to do that.”3 [17] Later the Court noted Mr Stevenson’s affidavit in which he acknowledged: “… that he is “a chronic alcoholic” and that he “will need to reduce [his] consumption to zero”. He says he has “found this to be a difficult process”. However, he also notes that he has...

5. Green - Estate of George Amos [2002] Chief Judge's MB 54 (2002 CJ 54) [pdf, 2 MB]

   ...the contrary and that the evidence given at the time by those persons directly associated with the transaction is deemed to be correct. 10.14 As far as the allegation relating to Mr Sidney is concerned I consider a statement by Mr Sidney in his affidavit to the Court sets out the position. He stated: "Because I was handling a/J aspects of the transaction in the Maori Land Court, I was effectively representing the Amos brothers, and agreed to do whatever was required for Bob G...

6. Clarke v Overington - Maketu A Section 39 (2019) 215 Waiariki MB 95 (215 WAR 95) [pdf, 365 KB]

   ...Court made orders declaring the status of the lands to be Māori freehold land. The status orders as drawn provided that the applicant and Robert Clarke each held shares in the block. No steps have been taken to challenge those orders. In her affidavit, the respondent argued that at the time the land was changed to Māori freehold land she believes the applicant and Robert Clarke intended the joint family home instrument to be at an end. [37] Ms Katipo submitted that, in these circ...

7. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [pdf, 223 KB]

   ...Meanwhile Mrs YL had conducted the appeal and carried out other work on the understanding she was acting for the Trustees, as well as Mr DJ personally, and had had input from both Mr DJ and Mr LP at various times. Mrs YL had, for example, prepared an affidavit on instructions from Mr LP, in which he attested that his belief, like Mr DJ’s, was that the Trust was the “true winner” of the Lotto prize money. Mrs YL had also contacted Mr OV to connect the Trustees with him on the b...

8. Canterbury Westland Standards Committee 1 v Allan [2019] NZLCDT 25 [pdf, 351 KB]

   ...undermines the processes of the Court or the dignity of the Judiciary. [44] Mr Allan’s responded to the charge by saying that to the best of his recollection he simply advised Judge Callaghan on 29 July 2018 that he was acting 1 Exhibit “F” to affidavit of Phillip Nigel Allan sworn 7 June 2019. 2 BoD at pages 170 and 171. 12 for Mr W and did not make any representation as to whether he was assigned on Legal Aid. [45] His response to the criticism of lack of submiss...

9. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...was not covered by ACC at that time as no external force was involved. This was upheld at review on 4/8/99. This I believe the additional information proved is consistent with the conclusions given in the MCR report. [21] Mr Turnbull’s affidavit evidence is that: 11. I squatted down to get access to the wall plug. As I got to the limit of the squat position, I felt my right knee pop. I managed to stand up using my left leg but my right leg was locked in a 90° angle consi...

10. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

    ...others such as Celia and Wiha were consulted, and they stated “whatever”. [20] The problem with her evidence is that technological problems occurred during her questioning and my direction to have counsel address the problem by filing an affidavit was not able to be complied with. Counsel for the respondent submitted that her evidence demonstrated that there were at least family discussions. He also pointed out that it was the contention of the respondents that all the child...