Search Results

1. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...Court objecting to aspects of the meeting process and the appointments of Helen Savage and Elaine August as trustees. These documents included several e-mails, a submission on behalf of the Alice Niao-Savage Whānau Trust, and excerpts of a draft affidavit of Lawrence Niao. [14] Ms Vercoe and Mr Niao questioned the process that was undertaken at the meeting with regard to the proxies and sought clarification on the proxy provision in the trust order and the counting of proxy votes....

2. Harris v Harris - Mangamuka West 3B2A and East H5B (2001) 28 Auckland MB 167 (28 AT 167) [pdf, 5 MB]

   ...siblings .. _. I ! .. The-Mere·-';iiCi Waaka- Tru;t~~~~rdl~g- ;;'-Mr Ra~';;;;hiiH~r;IS~ w; . : ~iri~d~ t-~ ·b~ . c established at a meeting of the whan.u on the 28' May 1998. The minutes of that I meeting were attached to his affidavit. The trust was to be known as the Memone Putangarau Taniwe HalTls and Waaka Karani Mltlkakau Hams Whanau Trust. Clea~y the trust was to be a whanau trust under the Ture Whenua Mao~ Act 1993 because the minutes recorded va~ous discu...

3. AB v IJ, OBO and EF LCRO 203/2014 (29 August 2016) [pdf, 312 KB]

   ...in writing. Mr [IJ]’s allegations of misrepresentation [51] In his complaint Mr [IJ] asserted that Ms [AB] had made the representations set out in paragraph [45] above. With his reply comments to Mr [VL]’s submissions, Mr [IJ] provided affidavits from himself, his wife and [EF], in which all three depose that Ms [AB] had made these representations at their initial meeting. [52] In her reply to the complaint Ms [AB] said:11 I certainly did not state to Mr [IJ] or Ms [EF] th...

4. [2015] NZEmpC 186 The Commissioner of Salford School v Campbell [pdf, 299 KB]

   ...that the investigation meeting necessarily canvassed a wide range of topics. The criticism as to the passing of notes during the course of the investigation meeting was, it is submitted, perhaps misunderstood because Ms Campbell had said in an affidavit filed for present purposes that this was in order to assist her counsel, and on occasion to deal with notes passed to her by her counsel at the investigation meeting. 22 At [22]...

5. Turner v Itchyfoot Pty Ltd [2021] NZHRRT 27 [pdf, 198 KB]

   ...to the Tribunal enclosing the emails, he says the emails were included in papers sent to him by the house sitter’s lawyer in the context of two Disputes Tribunal hearings against the house sitter. [22.2] The emails he held were annexures to an affidavit of the house sitter sworn at North Shore District Court in December 2017. This is evident from the exhibit notes on the emails he provided to the Tribunal. [22.3] While there is some ambiguity about whether Kiwi House Sitters provid...

6. [2021] NZACC 147 – Langston v ACC (30 September 2021) [pdf, 328 KB]

   ...13 November 2020 and provided to the parties by the Court in November 2020. This bundle includes the decisions of Judges Beattie and Walker, transcript of hearing before Judge Walker, submissions and memoranda filed by Mr Langston and Mr Hunt, affidavits from Mr Langston dated 18 September 2007 and Mr Mee dated 18 February 2008, the submission of Mr Langston dated 11 February 2020 and 11 documents including from radiology, pain assessment and medical practitioners from February 2...

7. Tatana - Estate of Ratahi Tatana (2017) 157 Taitokerau MB 132 (157 TTK 132) [pdf, 209 KB]

   ...Hinerakei died in 1999 with issue. [4] Since Diane died issues have arisen amongst the whānau, over matters such as expenditure of funds, accounting for the proceeds of cattle sales and other sources of income from the farm. [5] In his affidavit of 26 March 2014 Owen Tatana sets out in some detail the issues that have arisen. The following is a summary of key points: 4.1 Ratahi Tatana’s wife Amy retained a life interest in the farm until she died on 1 September 1993. Foll...

8. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...criminal offending and assisted him to give immigration advice unlawfully and to dishonestly take fees for the unlawful activity (clause 1 of the Code of Conduct). Ms Zhou’s response [13] Ms Zhou presented a response to the interim decision, by affidavit and orally. She claimed she took all reasonable steps to conduct the practice professionally and in accordance with the Code. She was adamant she did not break the law, was not dishonest or misleading, and she was shocked by the evide...

9. Auckland Standards Committee v Andersen [2012] NZLCDT 17 [pdf, 122 KB]

   ...The Court recognises that the Tribunal is best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonesty normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.” [82] The comments about personal mitigating factors are important. Mr Morris put it very aptly when he submitted that because t...

10. [2024] NZEnvC 013 Duffy v Dunedin City Council [pdf, 1.9 MB]

    ...location, which potentially could be through adjacent property if that proves feasible for the Applicant. 7 Joint memorandum of counsel, dated 15 December 2023. 12 Section 32AA analysis [45] Mr Rawson, senior planner at DCC, provided an affidavit affirmed 15 December 2023, which set out a s32AA analysis in support of the agreement. [46] Application of an RTZ to the site would allow its future development as General Residential 1 Zone, in accordance with Rule 12.3.1, once...