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1. Mokaraka - Waima C8 (2019) Chief Judge's MB 1137 (2019 CJ 1137) [pdf, 419 KB]

   ...and issuing of new occupation order in favour of Tahi Mokaraka of an area of 3102m2 at 31 Kaikohe MB 297 – 298 (14 June 2002). j) A copy of the Will of Pani Mokaraka. k) Copy of death certificate for Pani Mokaraka l) Affidavit of Barney Mokaraka and letters by other members of the Mokaraka whanau m) Letter dated 13 February 2017 from the Mokaraka whanau to the Chief Judge regarding succession application to Tahi Mokaraka n) Copy of th...

2. Rogers v Stirling - Taungaure No.2 (2010) 21 Waiariki 205 (21 WAR 205) [pdf, 205 KB]

   ...block consider that the area is part of the land which is partitioned from the block by Peggy Stirling-Rogers; 4. The trustees of Taungaure 2 block and Peggy Stirling-Roger consent to the right of way; and 5. The further grounds set out in the affidavit of Mr Scullin. [16] In his affidavit Mr Scullin gave evidence of the family agreement reached in 1986. [17] His mother’s application for partition seeks to partition off the relevant area of the Taungaure 2 block to assist w...

3. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   ...f) It is fair and reasonable in the circumstances that the injunction be granted so the Trustees can continue with the development of the land for the benefit of the beneficiaries of the Trust. 37. Filed in support of the Injunction is an affidavit by Davey Gardiner, a trustee. It provides a background to the lands and the recent history to do with the Te Karaka No. 1A Ahu Whenua Trust and the Haimona whanau occupation. 38. This application has been adjourned various times p...

4. Welcome Guide Information for court and tribunal interpreters v2.pdf [docx, 1.7 MB]

   ...interpreting below, and also defined some of the terms used in this guide. Adjourn/Adjournment – postponing a court hearing until a later date or time Adjudicator tenancy – tenancy tribunal hearings are heard by an impartial and independent adjudicator Affidavit – written statement sworn or affirmed before a person who has authority to administer an oath. Some of the evidence in a court case may be presented by an affidavit Appeal – when a party formally requests a higher court to re...

5. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...Mr Hamilton wished Mr Carran "good luck" and indicated that Michael Talley would never "give up" in his opposition to the Union's access to the plant and attempts to negotiate a collective agreement for the plant. [17] Affidavit evidence before the Authority from Mr Hamilton denies any such observations of the sort alluded to in the preceding paragraph, were made, and denies having a conversation with Mr Carran about Michael Talley. [18] Mr Tony Matterso...

6. Tatere v Te Aute Trust Board - Mangatainoka No 1BC No 2C Tamaki 2A2A Balance [2013] Māori Appellate Court MB 105 (2013 APPEAL 105) [pdf, 265 KB]

   ...demonstrates that there can be no doubt as to the active role of the Trustees in endeavouring to facilitate the distribution arrangement. [52] Counsel for the Trustees virtually acknowledges this role when in his written submissions he cites from the affidavit of Tau Edwards, a member of the Edwards whānau: 27 I applaud the trustees’ magnificent gesture in negotiating with the Anglican Church and the Te Aute Trust Board in order to secure the benefit for our families un...

7. Wilton TRI-2021-100-002 Procedural Order 27 [pdf, 311 KB]

   ...Lechtchinskis) were unsuccessful, they still held substantial merit.17 In particular, the Tribunal held that:18 … It was not possible for any of the parties from whom the Lechtchinskis now seek costs to know prior to hearing that Mr Allwood’s affidavit would not be supported by his oral evidence. Those parties were justified in pursuing their claims against the Lechtchinskis and therefore it was not unreasonable for the claimants to decline the Lechtchinskis’ offer of settlemen...

8. [2024] NZEnvC 048 KiwiRail Holdings Limited [pdf, 5.3 MB]

   ...2023 in support of a draft consent order. The Court directed that parties lodge evidence addressing the relevant statutory requirements relating to the granting of resource consents and confirming the notices of requirement. KiwiRail lodged affidavit evidence dated 5 September 2023 from Mr Craig Douglas Hind, Project Lead and Senior Planner for the applications and NORs, and the Council lodged evidence dated 14 September 2023 from Mr Trevor Stewart Mackie, consultant planner and...

9. Nga Hau e Wha National Marae Charitable Trust – Nga Hau e Wha Marae (2013) 20 Te Waipounamu MB 152 (20 TWP 152) [pdf, 241 KB]

   ...that there is no need to amend the purpose of the reservation before commencing work on the proposed housing project. There are also plans to “regularise [the] Marae in regard to the Youth Court for Christchurch”.9 At [14] of Mr Dewes’ affidavit dated 19 July 2013, he states: Given recent advice from Mr Tamihere we do not believe we need to amend the 1990 Gazette Notice as to purposes. In his opinion, it allows for our Trusteeship to evolve and adopt policy to meet the new...

10. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

    ...Michelle Hauaaru Wanoa was also directed to submit evidence of her whakapapa connection to the deceased by 28 September 2022. On 27 September 2022, Susan Minot, counsel for Faith Wanoa and Michelle Wanoa, filed the respondents’ submissions. Affidavits from Faith Wanoa, Michelle Wanoa and Latasha Wanoa followed on 17 October 2022. 2023 Chief Judge’s MB 197 The hearing was held via Zoom on 2 December 2022. At the conclusion of the hearing I reserved my decision and inform...