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1. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...Assignee helpfully filed a full memorandum setting out the conclusions the Official Assignee has reached as to Mr Gapuzan’s claims. Mr Gapuzan has filed a notice of opposition to the defendant’s application for strike out; it is supported by an affidavit. 4 The Authority had dismissed the plaintiff’s claim following an investigation meeting, Gapuzan v Pratt & Whitney Air New Zealand t/a Christchurch Engine Centre [2012] N...

2. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   ...2008 the plaintiff wrote to the defendant reporting that her former partner was alleging that the plaintiff was (inter alia) “mad, borderline personality disorder” and intended seeking custody of both children. She asked the defendant for an affidavit or a letter of support “vouching for [her] sanity”. By email dated 1 February 2008 the defendant provided a draft letter and asked, before it was tidied up, whether the plaintiff approved. The draft letter described the author as...

3. Watson v Parker - The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543) [pdf, 388 KB]

   ...the committee of management. The application [11] On 22 October 2014, Ms Hutchison and others applied to the lower Court for an investigation into the 2014 election pursuant to s 269(6) of the Act. The application was supported by several affidavits from shareholders or other interested parties who outlined the circumstances of the election and the fact that the votes counted included at least two votes cast pursuant to proxies purported to be issued by or on behalf of deceased o...

4. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

   ...clear as to what was required for a power of attorney to be accepted. For any election to withstand scrutiny any pre-conditions have to be strictly imposed. The provision of evidence of non-revocation, subsequent to the meeting, in the form of affidavits, could not validate the powers of attorney. 2010 Maori Appellate Court MB 76 [97] The Deputy Registrar informs us that the result of the recounting exercise is as follows: Nominee Name Number of Votes 1. Topia Rameka...

5. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...remaining trust account funds. [128] At that point, as I have indicated, it fell to Mr AJ as part of his fixed-fee retainer to apply for clarifying orders. It might have been possible to accomplish that without a formal application and supporting affidavits; a memorandum to the Judge may have provided the clarification the parties needed. [129] To have done nothing for some further three-plus years, is inexcusable in my view. Mr AJ’s brief period of suspension during 2014 provid...

6. LCRO 162/2015 and 66/2016 IA v CMR (31 July 2017) [pdf, 253 KB]

   ...instructions he received from (H) including one for general attendances, and others relating to disputes over leases of retail premises, contracts and various debts. He describes “an extensive 5 Affidavit of EW (16 November 2010). 6 Submission CMR to LCRO (26 January 2012) at 2. 7 At 8. 5 investigation into the affairs of the companies, resulting in numerous attendances upon (H), the liquidator and his support staff, and result...

7. [2018] NZEnvC 009 Invercargill Airport Ltd v Invercargill City Council [pdf, 6.6 MB]

   ...two statements of evidence in support of the s 293 application . As the hearing is on the papers and the experts will not have the opportunity to either swear or affirm their evidence, it would have been preferable for the evidence to be filed as affidavits. However, I accept the evidence on the basis that the application is a joint one and that the court has the ability to rece ive anything in evidence that it considers appropriate to receive.7 Engineering evidence [15J Mr Robert...

8. [2017] NZEnvC 184 Cabra Rural Developments Ltd v Auckland Council [pdf, 1.1 MB]

   ...set down for a one day hearing on a preliminary issue. The Court was greeted by submissions for the Council of some 73 pages, seven volumes of documents (including some 300 or more submissions), all with difficult cross­ referencing between the affidavit relating to them and the various provisions in the Plan. Although the Council provided an electronic version, the Court was not able to access [2016] NZHC 138. 4 these until the day of the hearing. [9] The argument for the oth...

9. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...is an obligation on the judicial officer to sit.28 Issue 1 – Recusal, second ground [56] A further ground raised against the Chair is that she predetermined an "intimated stay application" (see para [10] of Mr Zhao's recusal affidavit dated 1 July 2016, and Ground 1 of the motion for recusal of the same date). The basis for the alleged predetermination is observations made by Judge Clarkson at para [18] of her decision,29 [57] At para [18] of the decision it is st...

10. BG v HL LCRO 71/2013 [pdf, 221 KB]

    ...advanced by him in support of that application, was his contention that he had not been properly advised by Ms HL, and in particular, had not been shown a copy of the police summary of facts before his pleas were entered. [8] Ms HL provided an affidavit to the Court in which she set out her view of events. The complaint and the Standards Committee decision [9] Mr BG lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 27 April 2012. The substance of...