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1. Morehu v Māori Trustee - Tokerau A14B2 (2007) 313 Rotorua MB 256 (313 ROT 256) [pdf, 6.7 MB]

   ...value. It is highly speculative therefore and unlikely that he intended to create a trust that required the shares to return to him should the sale to Te Mata Morehu not proceed. Indeed, the opposite conclusion can be drawn from the applicant's affidavit, paragraph 4. It says that the deceased did not tell the applicant he had sold his shares or why and that he only discovered the sale some two years later; (0) there is no suggestion by the deceased that he created a trust that...

2. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...was a legal matter and not a financial matter. (c) Did not provide independent advice because he did not advise that they should not proceed with the purchase. The Tribunal made no finding to this effect. Mr Eades addressed this issue in the affidavit he swore on 8 August 2017 in response to Mr Haynes’ assertion that the Trust would have had an appropriate remedy against Mr Ed Johnston if he had not been acting in the Trust’s best interests. In any event, Mr Eades’ opini...

3. Borst v ACC [2014] NZACA 8 [pdf, 232 KB]

   ...takes the form of compensation or rehabilitation. [15] Later in 1980, Mr Borst left New Zealand for Australia. The only objective description available of Mr Borst’s condition between 1980 and 1985, when he returned to New Zealand, is in the affidavit of his then de facto wife Rhonda Clingan, reproduced at paragraph [149] of Mr Cartwright’s 2009 decision. The last paragraph is relevant to the question of mental consequences, as it provides some evidence of continuity and the f...

4. Gardiner v Gorringe (2011) 25 Waikato Maniapoto MB 83 (25 WMN 83) [pdf, 293 KB]

   ...June 2010. In addition to hearing evidence from the parties, the Court also received a significant amount of expert evidence from: a farm consultant; two soil scientists; and a veterinarian. Following the hearing further evidence in the form of affidavits and answers to interrogatories was supplied to the Court by the soil scientists. The final evidence was received on or about 11 August 2010. [26] Closing submissions were then filed by the parties. The final set of submission...

5. Mane-Waihou A8C1B1 (2018) 169 Taitokerau MB 108 (169 TTK 108) [pdf, 602 KB]

   ...up, I never brought it. But where she said that she’s not – she didn’t want a papakainga anymore. She told me here. She told me this regardless of what was written in the Will. She tried the Courts – in fact – where was it? In the affidavits of Judge Spencer, in the Court minutes in August 2006, there come 24 54 Taitokerau MB 302-303 (54 TTK 302-303). 169 Taitokerau MB 125 a time where the Court was going to gift...

6. Granting Aid for Waitangi Tribunal Matters Policy v3.pdf [pdf, 522 KB]

   ...legal aid is made (refer paragraph 59 above for what is required). In addition: i) The application form must clearly state that the aid sought is in relation to an application for an urgent hearing. ii) Copies of the Application/Statement of claim, affidavit(s), Memorandum of Counsel in support and the Crowns' response (if available) should be provided. iii) An amendment to grant for any work completed to date, and a prospective amendment to grant for the next three-month period...

7. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...an issue before me. [33] There is a dispute about whether Mr Chalecki was given this report at that time. I accept his evidence that he was not provided with the report at the time it was produced and did not see it until early 1994 (see his affidavit sworn 11 August 2014, consistent with the Corporation’s file note of 22 June 1992). The undated file summary suggesting otherwise (at p097 of the Bundle of 8 April 2014) is vague and is not contemporary with the events recorded. The...

8. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...and provisioning were not raised with Fletcher Construction until after litigation had started. Mr Johnston began this litigation in the Authority and applied for an order removing the matter to the Court. He supported that application with an affidavit explaining why removal should be granted, but it did not mention recoding or provisioning. Had Fletcher Construction been engaged in activities capable of compromising his professional standing, a reasonable expectation would be f...

9. [2020] NZEnvC 134 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 566 KB]

   ...allocation water from Waiwera Creek (at the same point of take, i.e. take point 14b). That is applied for because the Rutherfords are considering the development of a storage dam to enable 7 S A Dicey affidavit 2 August 2019 Exhibit SAD-1 column 4 (Environment Court document 77). 8 Previously .09A and B, renumbered as discussed below. 9 Previously .09C, renumbered as discussed below, "cou 5 water harvesting at higher...

10. LD v Accident Compensation Corporation (Work Related Mental Injury) [2022] NZACC 199 [pdf, 327 KB]

    ...submissions were filed. 3 [4] Notwithstanding the clear directions given by Judge Henare to Ms Koloni as to the inappropriateness of evidence being filed without leave and after submissions had been filed, on 27 September 2022, Ms Koloni filed an affidavit (dated 23 September 2022) from the appellant. Then, on the day of the hearing on 4 October 2022, Ms Koloni stated, without prior leave having been sought, that the appellant needed to give evidence at the hearing. [5] Ms K...