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1. Auckland Standards Committee v Valu Pome'e [2014] NZLCDT 87 [pdf, 107 KB]

   ...her application pending the outcome of these complaints but provided no response to them to the Committee and has not responded to the charges that have been filed with the Tribunal. The factual background set out below is therefore based on the affidavit evidence and inferences to be drawn from that evidence, which includes documents obtained from the Family Court file and Immigration New Zealand. 5. In about June 2007 Mr and Mrs L instructed Ms Valu-Pome’e to commence adoption proc...

2. KB v WY LCRO 67 / 2011 (30 March 2012) [pdf, 108 KB]

   ...statement by Mrs PC which Mr KC stated was “prepared by [ADN] based on information supplied by us following various conversations with [Mrs PC]”. A sworn copy of that statement was received at this Office on 3 May 2011. The detail of that affidavit is referred to in subsequent sections of this decision. I have taken cognisance of the somewhat unusual procedure adopted in the preparation of the affidavit, in that it would seem that it was prepared on the basis of information pr...

3. [2017] NZEmpC 104 Nathan v Broadspectrum (NZ) Ltd [pdf, 218 KB]

   ...8 Nathan v Broadspectrum, above n 1, at [17]. 9 Nathan v Broadspectrum, above n 2, at [86](1)(c). genuine concerns about his ability to safely perform his role. That concern is explained in an affidavit by Mr Craig MacDonald. Initially, when the application was filed it was accompanied by a draft of Mr MacDonald’s affidavit. That affidavit was not sworn until 11 August 2017, after Mr Nathan had complied with the timetable by fi...

4. Kristina-Lorraine Brook v Complaints Assessment Committee 403 & Jason Hynes [2017] NZREADT 48 [pdf, 230 KB]

   ...be a reference to the civil proceedings. [iv] Material showing training that was ignored by Mr Hynes. She submits that training information is required as evidence that the Committee ignored Mr Hynes’ multiple breaches of training. [v] Affidavits sworn by herself and her husband. [b] Question witnesses: [i] While it is not clear from Ms Brook’s application, this aspect of the application appears to relate to three witnesses interviewed by the Authority’s investigator...

5. [2020] NZEnvC 178 Shirtcliff v Timaru District Council.pdf [pdf, 279 KB]

   ...Commissioner”). It was attended by Mr Shirtcliff representing himself, and Ms Tierney on behalf of the Council. On 20 June 2018 the 1 Legally described as Lot 1 DP 82810. 2 ENV-2018-CHC-4. 3 T Tierney affidavit sworn 6 November 2018, Annexure 1. 3 objection was accepted in part and the fees reduced by $3,929.79 (including GST). [8] Mr and Mrs Shirtcliff subsequently appealed the Costs Commissioner’s decision to this...

6. [2021] NZACC 91 - Razek v ACC (29 June 2021) [pdf, 176 KB]

   ...appellant in his claim under s 63 and investigate the claim under s 65? (c) If the Court finds that ACC did not comply with ss 63 and 65, then has the claim been deemed to have been accepted by ACC under s 66? [11] Mr Hansen refers to the appellant’s affidavit of 11 May 2020. In his affidavit he deposes to the fact that on 27 March 2000 he was admitted to Taranaki Hospital by Dr White and diagnosed with type 1 diabetes as a result of Interferon treatment. [12] He said that at t...

7. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

   ...unacceptable for a practitioner and that strike off was the only proper response to the overall picture as now presented. [22] As well as the lack of candour shown by the practitioner in omitting reference to this significant relapse in her two affidavits leading up to the hearing, it was also submitted by counsel for the NSC that the behaviour itself was of serious concern. It involved a number of days of drug use with an associate. It required the practitioner to purchase uten...

8. Pahi - Estate of Lucy Williams [2014] Chief Judge's MB 476 (2014 CJ 476) [pdf, 251 KB]

   ...i. Administration Bond dated 24/04/1972 ii. Letters of Administration appomtmg Taniko Paahi (maternal grandmother and whangai mother) administratrix dated 11/0411972 iii. Ex Parte Motion to Lead Grant of Administration dated 2010311972 , iv. Affidavit in Support of Motion to Lead Grant of Administration sworn by Taniko Paahi dated 24/0311972 Take note that in clause 3 of Taniko's affidavit, she states that her husband left eight children namely; .Name .Also .... known~<l~...

9. HK v YS LCRO 64/2012 (17 February 2015) [pdf, 79 KB]

   ...beneficiaries, without either of them knowing. Dr GG’s Evidence [18] In the course of the review, further evidence came to light. In June 2012 Mr HK’s lawyers submitted evidence that had not been before the Standards Committee, in the form of an affidavit by Dr GG, who had been Mrs RV’s GP for a number of years before she was hospitalised in 2001. [19] Mr HK says he was previously unaware that Dr GG had been Mrs RV’s GP, and only met him by chance at a social functio...

10. CEIT Chair's practice notes [pdf, 261 KB]

    ...ask questions for a limited period • the applicant (or their advocate) will have a further brief opportunity to clarify areas of confusion arising from the questions asked by the respondent (or their advocate). The Tribunal will only accept an affidavit or written statement prepared by the applicant themselves as it is important the Tribunal hears from the applicant in their own words. The hearings of the respondent’s and other evidence The respondent and the non-technical witnes...