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1. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...appropriate to assume the truth of the pleaded allegations. There must be an objective factual basis for the allegations. See Siemer v Stiassny High Court Auckland CIV-2008-404-6822, 30 November 2009, Winkelmann J at [21]: … Mr Siemer has set out in affidavit form the basis for his allegations. The affidavit is so insubstantial that it is clear that this is a case where Mr Siemer should not have the benefit of the assumption normally applying in such applications – that is, that t...

2. Nicholls v Nicholls – W T Nicholls Trust (2013) 55 Waikato Maniapoto MB 288 (55 WMN 288) [pdf, 218 KB]

   ...pause making any decision until the appeal is completed. [55] The Applicant makes the point that the same rationale I applied to the outstanding part of the application could also be applied in this situation. Evidence of the Applicant [56] The affidavit made by Mr George Tama Nicholls is in part related to the appeal of the decision I made in December but also raises issues with regard to Judge Milroy’s decision in establishing the WT Nicholls Ahu Whenua Trust. [57] Mr Georg...

3. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...Burcher and Mr Short, particularly as to the level of involvement of Mr Short in the affairs of the nominee company and his knowledge of investments relating to his client investors. [12] Somewhat unfortunately, a very lengthy and comprehensive affidavit sworn by Mr Short approximately one month before the hearing was not served on Mr Burcher nor his counsel (both of them were out of New Zealand at the time). [13] Despite a number of promises, at pre-trial conference stage, to fil...

4. Carley (INZ) v B [2015] NZIACDT 96 (17 November 2015) [pdf, 179 KB]

   ...Zealand regarding the issue and sought their guidance, she used independent verification, and took robust steps to manage the issues in her practice. Immigration New Zealand did not challenge her evidence regarding those steps. [29] Ms B provided an affidavit from one of the two employees who allegedly attempted to bribe IOM. One of the employees denied having attempted to bribe IOM, and said that in fact the IOM official had attempted to solicit a sexual relationship with her. Evaluat...

5. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...standards … [59] I have given careful consideration to the decision in UFv OU. The facts in that case are readily distinguishable from the circumstances of the present case. [60] In UF, the practitioner was making demand for comments made in an affidavit filed with the Court to be withdrawn. Whilst the practitioner was concerned that allegations had been made in the affidavit which impugned his reputation, attempts to have evidence which had been put before the Court withdrawn b...

6. JR v SW LCRO 91/2014 (27 March 2015) [pdf, 99 KB]

   ...the quality of legal services provided. Mr LB makes fair concession when first filing his client’s complaint, that no objection was raised to the quality of the services provided. [51] Mr SW considered the settlement to be an excellent one. Affidavits filed by the unit owners at the review hearing would indicate that the owners did not consider that the outcome was as successful as suggested by Mr SW. It would appear however, from an email forwarded on behalf of the owners to...

7. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...the couple, when Mr MT died the funds in them passed to Mrs MT by virtue of her survivorship. [21] In April 2013 Mrs GJ spoke to Mrs HY about whether she stood to inherit from Mr MT’s will. 1 Affidavit of HY sworn 21 August 2014, provided by the lawyers as part of their response to the complaint. 4 [22] Mrs HY wrongly concluded that the [Bank] bank accounts were owned by the couple in equal shares (as was the family home)...

8. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

   ...respect to whāngai. [3] Counsel for the applicants filed detailed submissions on 16 February 2018. Accompanying those submissions were: (a) a brief of evidence of Daniel Haki Te Rata from an application before the Waitangi Tribunal; (b) an affidavit of Daniel Hika Te Rata; and (c) various other documents including an impact statement from Daniel Haki Rata. [4] Paretuaoroa was born in 1897 and she died in 1952. Her brothers were Michael Rotohiko Jones and Pei Te Hurinui Jon...

9. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...Plaintiff's view that even if it was raised in time, the statement of problem failed to sufficiently specify the particulars of the alleged personal grievance so that the Plaintiff could address it. 28. On 6 November 2013, the Plaintiff filed an affidavit of Ms Paterson in the Authority. This affidavit pertained to the matters set out in paragraphs 24 -26 of this agreed statement of facts. 29. On 14 November 2013 Ms Sue Freeman from Courier Post emailed Ms Lin at the Autho...

10. LCRO 167/2021 MP v IC (28 April 2022) [pdf, 202 KB]

    ...[84] A lawyer has an absolute duty of honesty to the court and must not mislead or deceive the court.6 [85] A lawyer must not act in a proceeding if the lawyer may be required to give evidence of a contentious nature (whether in person or by affidavit) in the matter.7 [86] A lawyer must not act in a proceeding if the conduct or advice of the lawyer or of another member of the lawyer’s practice is in issue in the matter before the court. This rule does not apply where the lawy...