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1. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...Ngae Farm Trust to replace trustees was declined. NRKC are clearly the successful party. I also note that the proceedings were conducted in a manner comparable to civil litigation, as all parties were represented by legal counsel, evidence and affidavits were filed and heard, and witnesses were cross-examined. On the face of it therefore, NRKC would be entitled to an award of costs. [14] However, one of the important principles in any costs award is the role of the Court in faci...

2. Porou - Whareongaonga 5 Trust (2015) 49 Tairawhiti MB 46 (49 TRW 46) [pdf, 311 KB]

   ...considered that the matter had been forced upon him by the Chairperson and another trustee. He did not attend Court. [7] The first hearing was held on 3 September 2014 where I adjourned the application to give time for the applicant to file a detailed affidavit of the reasons why he sought the removal of Mr Kahuroa. I indicated that I was considering a s 240 removal for him and Mr Tahata. 5 [8] The second hearing was held on 24 October 2014 and advertised in the Gisborne Heral...

3. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 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. C Ltd & D Ltd v TR [2023] NZDT 464 (22 August 2023) [pdf, 237 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 determina...

5. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...respondent will be unable to repay the applicant in the event the applicant succeeds with all or parts of its challenge and that the respondent may also attempt to avoid repayment in that event. These matters are more fully traversed in Mr Simmons’ affidavit. 21 [40] The respondent opposes the application for a stay, deposing that he will be able to repay the costs award if the applicant’s challenge succeeds. He is the sole director and shareholder of a company which holds...

6. TO Ltd v TX [2020] NZDT 1360 (11 December 2020) [pdf, 255 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

7. Taukiri – Parish of Karamu Lot 197A (2013) 52 Waikato Maniapoto MB 294 (52 WMN 294) [pdf, 134 KB]

   ...present application came about because Kevin Taukiri contacted NZRPT to discuss issues relating to the ownership of the block. Representatives of NZRPT were invited to attend a hui with Mr Taukiri and others on 14 April 2012 but, according to the affidavit filed by James Wright for NZRPT, it was decided that NZRPT would not send a representative to the hui as it was assumed that the issues under discussion related only to 20% share of the block owned by the Māori owners. [21] Trev...

8. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...this would go some way towards meeting the needs of parties who feel their entitlement to ‘file papers in the Court’ should be reintroduced. This would help to assist to reduce the damage done through the often vexatious path of the exchange of affidavits. In relevant parts of the Consultation Document, we think there needs to be clarity between FDR suppliers and providers. We think that often the terms were used interchangeably in the document. We think that it is very import...

9. [2021] NZACC 139 - Van der Lee v ACC (17 September 2021) [pdf, 310 KB]

   ...and the other ACC reviewers. But in my opinion based on the evidence presented above, it is on the balance of probabilities the cause of the tendon rupture. [e] The submission is made that the clinical advisory panel completely ignored the affidavits that the appellant provided. [29] In a written submission dated 9 February 2021, tendered to the Court, these points are emphasised: [a] At the time of the accident on 23 September 2018 “it was definitely not a control l...

10. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

    ...be cross-examined by all parties, other than the party calling the witness, who wish to do so; and (c) after all parties who wish to do so have cross-examined the witness, the witness may be re-examined. (2) If a witness gives evidence in an affidavit or by reading a written statement in a courtroom, it is to be treated for the purposes of this Act as evidence given in chief. [33] Section 92 of the Evidence Act sets out the duties of parties concerning cross- examination. It provi...