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1. BP v YF LCRO 142 / 2010 (24 March 2011) [pdf, 98 KB]

   ...nearly 50%. [45] The major increase in costs beyond the estimate took place between the bills dated 13 January and 12 February 2009. A review of the time and records of the work 8 undertaken during this period shows that during this period affidavit evidence was finalised. The costs assessor has commented that the time taken over these tasks seemed to be extraordinarily long, but I again note the below market hourly rates applied by the Practitioner. [46] The overall pi...

2. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...under section 281 can be made. In Re Auckland Council [2017] NZEnvC 207 at [11]-[13], the Environment Court confirmed that it was appropriate to seek anticipatory waivers and directions as an originating application under section 291. 2 A supporting affidavit has not been filed with these documents, as the Court has indicated its awareness of the importance of the Project (being the key factual matter underpinning the relief sought). As the Court is aware, the Transport Agency has previo...

3. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...within 14 days of the date of this Minute. Any response by or on behalf of Mr Grewal is to be sent to the Tribunal and copied to the Committee (by counsel, Mr Mortimer). [c] If no response is received from Mr Grewal, the Committee is to file affidavit evidence in support of the charges, together with an indexed and paginated indexed bundle of relevant documents, no later than 25 October 2019. [d] A hearing is to be scheduled in the week beginning 18 November 2019, in Aucklan...

4. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...under section 281 can be made. In Re Auckland Council [2017] NZEnvC 207 at [11]-[13], the Environment Court confirmed that it was appropriate to seek anticipatory waivers and directions as an originating application under section 291. 2 A supporting affidavit has not been filed with these documents, as the Court has indicated its awareness of the importance of the Project (being the key factual matter underpinning the relief sought). As the Court is aware, the Transport Agency has previo...

5. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [pdf, 222 KB]

   ...significant factor in assessing sanctions. She ignored invitations from the Authority and the Tribunal to participate in the disciplinary process, until sending an unduly brief submission to the Tribunal on 11 sanctions, unsupported by any affidavit, statement, financial or other documentary evidence. [46] While Ms Tian accepts not doing her job in a professional way and hence her wrongdoing, she makes no apology or expresses any remorse. An apology to the complainant wou...

6. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...to the Court to grant an award of costs against both Mr Paerau and the trustees of the whānau trust. However, I do have a concern as to whether Mr Paerau had actual authority to bring these proceedings on behalf of the whānau trust. [47] An affidavit has been sworn by Eileen Walker on 25 November 2016. Mrs Walker is one of the trustees of the whānau trust. She states: 9. To the best of my knowledge, the trustees of Te Iringa Edith and Bill Kidwell Whānau Trust have not give...

7. Benjamin v Smith - Te Puna 154D3B2B (2005) 81 Tauranga MB 175 (81 T 175) [pdf, 715 KB]

   ...before signing the deed. No parties have signed the plan itself, and one of the Trustees Mr Louis Bidois has given evidence that he does not recall sighting or signing the plan. Rina Benjamin exhibited a copy of the Deed including the plan with her affidavit of the 18th of December 2003. Not all of the plan is included on the photocopy. I sought a better copy of the plan and found one in perusing the application file for the 2001 occupation order. It has on the extreme bottom left hand...

8. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...Alternatively, Mr Mathias relies on the doctrine of equitable estoppel to claim that “interest” in the land. [24] Exactly what was the nature of the “interest” Sheree claimed was not always clearly articulated in the current proceeding. In her affidavit of 19 March 2014 Sheree framed that interest in different ways. She claimed a right to “remain living on the land and for me to gift my right of occupation by will when I die” (paragraph 7); “permission not only for m...

9. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...Issue 3 [64] Since we have found misconduct, there is no need to consider the issue of unsatisfactory conduct.3 3 J v Auckland Standards Committee 1 [2019] NZCA 614. 14 Further Matters [65] We have carefully read the supporting affidavits that were filed by some of Mr Duff’s colleagues. These referred to Mr Duff’s positive qualities and said that Mr Duff has always properly accounted for his income as a lawyer and has not accepted under-the-table payments....

10. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

    ...70 allows the Court to appoint a barrister or solicitor to represent any class of person. It is clear that this class need not be exclusively Māori. (b) Section 95(3) allows the rules made under s 95 to prescribe classes of person before whom affidavits, declarations or affirmations may be sworn or made. Again, clearly these classes need not be exclusively Māori. (c) Section 131 does not limit the class of persons who may apply to the court, which must surely be a reference to a...