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1. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...whether the issues in dispute could be settled without need for the intervention of the Court. Those attempts were unsuccessful. [9] Mr FB drafted and filed a notice of defence to the application filed in the Family Court, together with supporting affidavits. [10] Those documents were filed on 17 March 2022. [11] Mr FB resigned from the firm on 21 March 2022. [12] His final day of employment with the firm was 14 April 2022. [13] Mr FB advised Mr VG on his last day with the firm tha...

2. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...investigated by the Authority. Thus, she said, the most cost-effective option was to order removal. As explained earlier, the applicants have been involved in a range of applications which they have brought, no doubt in good faith and on advice. Their affidavit evidence suggests financial pressure due to costs involved in this extended litigation, which is unsurprising. [70] I have found the applicants’ case raises important questions of law. There is a strong likelihood tha...

3. Te Manutukutuku Issue 36 [pdf, 5.9 MB]

   ...Welling­ ton Tenths claim, which dates back to the New Zealand Company's dealings in Wellington last century, as well as outlining the site's recent history under the manage­ ment of Government Property Services. The Tribunal also received affidavits from lington City Council's heritage list of Maori sites. The claimants maintained that people living in the proposed development would have had an invasive view onto the marae, which hosts many tangihanga, as well as be...

4. LCRO 101/2019 YK v RN (17 March 2020) [pdf, 146 KB]

   ...granted was explained to Ms YK; and (e) Ms YK had made request to extend the time for securing insurance cover on Wednesday 15 August at 3:41 PM as she didn’t have insurance in place at that time; and 4 (f) Ms RN was prepared to swear an affidavit confirming that she advised Ms YK of the potential risk of the vendors cancelling the agreement, in the event they did not agree to the granting of a further extension; and (g) Ms YK had entered the vendors’ property prior to c...

5. [2024] NZREADT 20 CAC2108 v Leading Edge Properties Ltd (25 June 2024) [pdf, 237 KB]

   ...circumstances; and (h) looked at overall, is the penalty which is fair, reasonable and proportionate in the circumstances. SUBMISSIONS [33] A brief of evidence was filed by Charlotte MacKenzie, an investigator for the Authority, on 22 December 2023. An affidavit was filed by Tony Teague, the sole director and shareholder of Leading Edge, on 5 March 2024. Submissions were filed by the Committee on 29 April 2024 and on behalf of Leading Edge on 17 May 2024. The Committee [34]...

6. [2022] NZEnvC 010 Northport Limited v Whangarei District Council [pdf, 1.3 MB]

   ...for directions under s 293 of the Act to allow further publication and consultation in respect of changes sought by Northport Limited (Northport) to the Urban Package, particularly in relation to the generation of port noise. [2] Having received affidavit evidence from Whangarei District Council (the Council), neither party had any questions and the affidavits were allowed in without further confirmation. Accordingly, the hearing commenced on 4 February 2021 with those documents hav...

7. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...and determine the claim against them on the basis of available information pursuant to s 75 of the Act. [43] Jennifer Vaughan denied that C. T. Vaughan (2003) Limited (CTV Ltd) was involved with the construction. Ms Vaughan stated in her affidavit sworn on 14 August 2009 that CTV Ltd had no 4 Para 12 of Council subm...

8. Adams v ACC [2015] NZACA 3 [pdf, 69 KB]

   ...decision of 5 May 1980. At the same time, he sought leave to appeal out of time. 8 CASE ON APPEAL [36] A memorandum of submissions (12 November 2013) setting out Mr Adams’ case was filed by his previous counsel. It is supported by an affidavit from Mr Adams sworn on 12 November 2013. Another memorandum (14 March 2014) was subsequently filed by his former counsel. [37] Mr Adams has himself filed numerous lengthy documents, including a bound, paginated volume and l...

9. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...livelihood and/or reputation.6 There have also been cases involving claims of breach of natural justice rights by non-parties. In O’Regan v Lousich: Proprietors of Mawhera v Maori Land Court, adverse comments by a Judge about the deponent of an affidavit who did not attend the hearing to give evidence were held to be reviewable; the Judge ought to have given them an opportunity to comment prior to making adverse statements about them in a judgment.7 [20] There is no doubt, a...

10. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

    ...has been seriously overcharged. But that advice, for the reasons explained, can be accorded no weight in this review. [53] In addressing the reasonableness of the fee charged, I have reviewed the Standards Committee file, the pleadings, the affidavit evidence, the submissions filed and the Court decisions. I have, in that examination, given particular weight to the report prepared by the cost assessor. [54] I consider it significant that Mr JP brought to his assessment not only...