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1. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...[46.2] The adviser faces a complaint that she never engaged with her client. Whether or not she did so, is a factual matter. The Tribunal gave the adviser the opportunity of answering the complaint in an oral hearing. She has not done so (or provided affidavits). [46.3] The only evidence the adviser relies on to show she personally engaged with the complainant is her signature on a document. The complaint is that she did not attend when the complainant signed the document, and she must h...

2. [2018] NZEnvC 64 Panuku Development Auckland Limited v Auckland Council [pdf, 856 KB]

   ...by the Council in accordance with s 87F RMA, and the Council has indicated that it is endeavouring to complete the reporting required by that section, by 22 June 2018. [7] I have been told that Panuku will lodge a notice of motion and supporting affidavit for direct referral of the application with the Court on 25 June 2018, and serve it on submitters and the Council immediately thereafter. [8] On this basis, it is my understanding that the s 274 RMA period for submitters to join...

3. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 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 determinat...

4. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside 20 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 determination...

5. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

   ...three complaints (or sets of complaints) against Mr De’Ath. This is essentially a criminal law concept whereby the just cumulative sentence for multiple 6 Green v De’Ath [2018] NZIACDT 43. 7 Affidavit Mr De’Ath, sworn 16 November 2016 at [42]. 8 offences should reflect the total wrongdoing. This can require the downward adjustment of sentences for individual charges. I do not see that as having any relevance to the sancti...

6. [2019] NZEnvC 057 Auckland Shooting Club Inc v Auckland Council [pdf, 5.1 MB]

   ...range of firearms set out in the application? Evaluation 15. We have looked carefully at the relevant documents and it does seem to us that it shows that the application was modified through the process. However, we 6 shown, in part through affidavit evidence, the intention of at least his client that it was not intended to remove rifles and shotguns from the COCo The interpretation issue being that the term 'pistol' relates to the nature of the constructed range, and...

7. Morrison - Ngati Whakaue Tribal Lands Incorporation (2004) 283 Rotorua MB 264 (283 ROT 264) [pdf, 727 KB]

   ...was directly interested in a transaction between WHL and Nathan Property Consultants Limited ("NPCL') in that he will or may derive a material financial benefit from that transaction; and 2. Upon the further grounds contained in the affidavits of Sir Howard Morrison. This application is made in reliance on Sections 4, 253, 254 and 280 of te Ture Whenua Maori Act 1993; Regulation 4(1 )(c) of the Maori Constitution Regulations 1994 and sections / ji 126, 129 to 131, 137 a...

8. LCRO 197/2013 RN v WB (7 August 2017) [pdf, 134 KB]

   ...action was not necessary because the fees were fair and reasonable. [35] Ms RN’s objection to the amount of the costs is mostly based in part on her belief that the s 13 claims was unsustainable so all the time Ms WB put into preparing her affidavit with a focus on the s 13 argument was a wasted exercise. Ms RN also believes an estimate Ms DL provided was exceeded and not revised. [36] The s 13 claim has been addressed above. There is no basis for a reduction in fees arisi...

9. DM Ltd v H Ltd [2024] NZDT 172 (26 March 2024) [pdf, 227 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 determinat...

10. Te Pairi v Whakatane District Council - Tahora 2AD2 and Omuriwaka (2011) 33 Waiariki MB 48 (33 WAR 48) [pdf, 89 KB]

    ...that: The applicant disputed the boundaries of Omuriwaka and Tahora 2AD Section 2; and he complained The Whakatane District Council is widening their boundary for a roadway without proper consultation with the people of the land. [9] The affidavit filed by Mr Te Pairi in support of the application alleged that: 1. The boundaries of the Maori Reservation land to be used for access for the road formation are in dispute. The surveys that the Council have previously upheld as ac...