Search Results

1. [2017] NZEnvC 179 Auckland International Airport Limited v Auckland Council [pdf, 6.1 MB]

   ...Court took the precautionary approach of appointing amicus curiae to investigate the matter and advise the Court further. Mr S Berry, barrister and solicitor, was appointed for this task. [5] Subsequently, a relatively detailed memorandum and an affidavit from Auckland Council was received which, to some extent, clarified the role of the AIAL in seeking a waiver from the Court in respect of the District Council 's obligation to notify the application. The application for desi...

2. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...Wellington Standards Committee (No. 2).4 The High Court indicated that, when such an application was made, the Tribunal would usually have asked the practitioner to state whether or not he/she elected to call evidence.5 In this case, P had sworn two affidavits in opposition to the charges and Mr Pyke had made it clear that P would be available for cross-examination. The Tribunal was aware of those facts before the no case to answer application was made. 2 Investigators report...

3. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...CIV-2XXX-XXX-XXXX (Date). 13 At [13]. 14 Standards Committee determination, above n 2, at [17]. The Committee refers to LMN Ltd as LML. 6 [31] The evidence provided by Mr BF was the two judgments referred to in this decision together with the various affidavits that were before the High Court and the Court of Appeal. [32] Mr ZL’s instructions to transfer the shares were provided by Ms WR as director of ABC. The Agreement and share transfer form were signed by Ms WR for...

4. Henare v Maori Trustee - Parengarenga 3G costs [2012] Māori Appellate Court MB 540 (2012 APPEAL 540) [pdf, 215 KB]

   ...the appellant was entitled to an award of costs. If the appellant wished to pursue costs they were to file a memorandum. Counsel for the respondents then had an opportunity to respond. [3] Counsel for the appellant has filed a memorandum and affidavit evidence noting they have incurred $17,134.44 (excluding GST) in terms of time and attendances for this appeal. Adding $640.51 of outstanding disbursements and GST to the time incurred the applicants total costs are $20,441.19. The...

5. Auckland Standards Committee v Slack [2012] NZLCDT 40 [pdf, 162 KB]

   ...agreement. [4] The Tribunal questioned counsel for the Standards Committee about the Committee’s confidence that these matters justified that approach. The Tribunal had reviewed the evidence in support of the charges, which was lodged in affidavit form prior to the hearing, and had noted that, prima facie, there may have been a case supporting the bringing of a charge of professional misconduct. [5] Counsel for the Standards Committee confirmed that the position had been...

6. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...June 2007. The appellant did not advise the LSA that Ms H intended to surrender her grant of legal aid. In early July 2007 the appellant applied to the LSA for an amendment to the grant to cover a pre-trial conference and the preparation of affidavits. On 4 December 2007 the appellant filed an application in the High Court seeking waiver of setting down and hearing fees, on the basis that Ms H was a beneficiary and in receipt of legal aid. On 1 April 2008 the appellant e-m...

7. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

   ...intimidation reflected a statement made by Mr S, rather than, as transpired at the hearing, being a question from Mr B to Mr S. [33] We consider that was a somewhat unfortunate backdown in the circumstances. As Mr Harder himself acknowledges in his affidavit of June 2022, the fact that Mr S had earlier informed on his two gang member co-offenders to the Police meant that he was likely to have been fearful about the prospect of gang retaliation generally, and that may well have le...

8. IACDT - A Complainant's Guide to Proceedings [pdf, 439 KB]

   ...26.2.4. Where an adjournment is granted, the matter will usually be rescheduled for hearing as soon as possible. 26.3. Your application should: 26.3.1. Set out the reasons why an adjournment is necessary, 26.3.2. Be accompanied by a signed affidavit and/or other evidence supporting your reasons, and 26.3.3. Be signed or otherwise authenticated. Page | 12 26.4. You are not required to attend an oral hearing; however, if you do not appear and no adjournment has been grant...

9. Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiariki MB 261 (154 WAR 261) [pdf, 226 KB]

   ...1991 version. Mr Bidois reserves his clients’ position on the significance of this, but I am not convinced that the trustees should have been under a misapprehension as to which version was in force. Key events [11] These are set out in the affidavit of the trust chairman John Butler, and the evidence of Eddie Matchitt and Stephen Frires. While the nature and consequences of some events are disputed, I understand there is no dispute about the sequence of events. [12] Between...

10. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

    ...hearing on 15 February 2017 and various timetabling orders were made. Evidence was filed for Mr Domingo. No evidence was filed or presented on behalf of the defendant. Accordingly the hearing proceeded on the basis of Mr Domingo’s unchallenged affidavit evidence and legal submission. Non-compliance - s 140(6) [10] Prior to making any of the orders set out in s 140(6), the Court must be satisfied that the person has failed to comply with a compliance order made under s 1...