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1. [2016] NZEmpC 154 AFFCO NZ Ltd v NZMWU [pdf, 197 KB]

   ...effect as an order made on an interim basis. However, the starting point must be that Parliament has not seen fit to provide for the possibility of granting a compliance order on an interlocutory basis, where the Court proceeds by considering affidavit evidence only. [41] A related issue is that the relevant obligation must be regarded as having been established. As the dicta of the cases I have reviewed demonstrates, the compliance procedure is not a fast track method of avoidin...

2. Witehira - Awarua A25 (2008) 128 Whangarei MB 282 (128 WH 282) [pdf, 3.5 MB]

   ...that to 18 January 2008. She did not render any invoices and did not appear at the hearing on 08 October 2008. I have becn advised that she was served the Slll1UIlOl1S on 30 September 2008 (though I have yet to 128 Whangarei MB 293 receive an affidavit confirming selvice of the summons) and was aware of the Court sitting on 08 October 2008 as Josephine Falihing-Aperehama spoke to her on the day of the hearing. [38] The sUl11l11ons was issued under Rule 53 of the Maori Land Court...

3. LCRO 104/2016 and LCRO 192/2016 LP v PR (27 June 2019) [pdf, 223 KB]

   ...Meanwhile Mrs YL had conducted the appeal and carried out other work on the understanding she was acting for the Trustees, as well as Mr DJ personally, and had had input from both Mr DJ and Mr LP at various times. Mrs YL had, for example, prepared an affidavit on instructions from Mr LP, in which he attested that his belief, like Mr DJ’s, was that the Trust was the “true winner” of the Lotto prize money. Mrs YL had also contacted Mr OV to connect the Trustees with him on the b...

4. Satnam Singh v Shane Singh and Scorpion Liquor [2015] NZHRRT 8 [pdf, 91 KB]

   ...his father the relationship is best described as formal and distant. [25] The plaintiff believes that as a foreign worker he has been exploited by Shane Singh and Scorpion Liquor. The medical evidence [26] The Tribunal received in evidence an affidavit sworn on 1 October 2014 by Dr Wee Teo who deposed that on 7 March 2012 he saw the plaintiff at his practice at Three Kings Accident and Medical Centre. The plaintiff reported to Dr Teo that he had been racially and physically abused b...

5. LCRO 80/2019 ZB v YC (18 August 2021) [pdf, 204 KB]

   ...criticisms in her [date] judgment, as reflecting upon Mr YC’s conduct of those proceedings in a way which raises ethical or professional concerns. [103] Indeed, the judge explicitly addressed the issue about inaccuracies in the liquidators’ affidavits by holding that those inaccuracies “overall … [did not breach] the strict requirements of candour in seeking a freezing order on a without notice basis”.14 [104] I am not prepared to go behind those comments. Indeed, in my v...

6. RN v QW LCRO 226/2012 (8 September 2016) [pdf, 97 KB]

   ...at increasing the penalty as a means of deterring Mr QW from future similar mistakes. Mr QW’s response [78] Counsel for Mr QW provided submissions dated 17 June 2016 opposing the suggestion that matters might be sent back to the Committee. Affidavits provided by Mr RN are said not to contain fresh evidence such that remission is required, and if the complaint were returned to the Committee for determination, that would cause delay and prejudice to Mr QW and contravene the requireme...

7. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...been done as soon as possible. [73] Following her meeting with Ms JG, Ms VK drafted a file note in which she recorded the following: Ms JG instructed me that she wants us to apply for the Non-Removal Order. I am to come back to her with a draft affidavit in the next few days. In the meantime, we are to apply to have the Border Alert put in place. [74] Ms JG considered that Ms VK’s file note was:14 … not quite correct as I had already given the instructions for the Border Alert...

8. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...the Court, evidence can also support a birth certificate being accepted by the Court as proving paternity. There the applicant had submitted a complete and conclusive DNA test result supporting the deceased being their biological father, and an affidavit from the applicant’s mother supporting the assertion of paternity. This was sufficient evidence to prove an error was made in the presentation of facts to the Court, leading to the omission of the applicant from the original succe...

9. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...easement strip from the Māori reservation created over Tātarahake No 1 block. The applicant contends that access along one of the formed roads to the esplanade reserve is necessary to ensure legal access for the public. [6] The Council enclosed an affidavit in support of its application as follows: ... 2. “The Council is keen to pursue legal access to the beach reserve at the northern end of Tolaga Bay. That land is Lot 7 on DP 6965 and is depicted on the attached Plan no 115...

10. Barcello-Gemmell - Gore Blocks XVII and XIX Sec 90B2 (2001) 95 South Island MB 36 (95 SI 36) [pdf, 4.8 MB]

    ...to the stream that runs down the hillside and out to sea. Then, by application dated 4 October 2000, James Love, a shareholder in Anatohia, sought a rehearing of the occupation order made in respect of Sharon's application. In an accompanying affidavit, he alleged lack of notice and consent. The rehearing application was heard on 22 November 2000. The Court granted a rehearing of Sharon's occupation order application, on the grounds that the requirements of section 329(2) of t...