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1. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...managed the claim on behalf of the trust and the trust company. As beneficiary he would benefit from any decision of the Tribunal in relation to the property. He has clearly given instructions and been in control of the process. [132] BNZ, in an affidavit from the manager, Strategic Services, said that it does not dispute that the funds were advanced to the claimant form November 2009 in order to enable the claimant to pay its lawyers and experts‟ fees in the proceeding. BNZ...

2. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...interest in Lot 200. Consequently, the likelihood that any consent will ever be given effect to is probably very small. [9] The before and (proposed) after areas and allotment3 numbers are shown in this Table: 2 3 Mr Mawhinney's first affidavit claims the application was lodged in February 2011. The application is undated, but it appears the Council did not accept it until November 2011. That is potentially important because the Resource Management Amendment Act 2011 came int...

3. Naera v Fenwick - Whakapoungakau 24 (2019) 217 Waiariki MB 85 (217 WAR 85) [pdf, 536 KB]

   ...significant for them. [66] Regarding a substantive hearing, Mr Chesterman argued that the hearing should proceed by adopting similar procedures to those under Part 18 of the High Court Rules dealing with equitable applications. This includes evidence by affidavit or agreed facts and cross-examination. Counsel submitted that all interested parties should be served with the pleadings and given an opportunity to participate and present their own evidence. [67] Finally, Mr Chesterman...

4. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...65 Crimes Act 1961, s 108(1). 21 … an assertion as to a matter of fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his or her evidence on oath, whether the evidence is given in open Court or by affidavit or otherwise, that assertion being known to the witness to be false and being intended by him or her to mislead the tribunal holding the proceeding. [85] It may well have been the case that Ms [J], when put on oath and alerted to the...

5. Davies v Trustees of Te Tii Waitangi B3 Ahu Whenua Trust - Te Tii Waitangi B3 Trust [2015] Māori Appellate Court MB 611 (2015 APPEAL 611) [pdf, 397 KB]

   ...was not sufficient evidence to establish that the trust created or encouraged a belief that the substituted lease would allow the lessees to remain permanently in the properties. 19 Affidavit of W Tane sworn 9 May 2014 Exhibit “AA”. 2015 Māori Appellate Court 625 [41] However, we have some concern that Judge Armstrong failed to consider whether the trustees had a duty to bring to the attention of the appella...

6. Lewis & Anor as Trustees of the Warren and Bronwyn Lewis Family Trust v Auckland City Council [pdf, 115 KB]

   ...evidence presented by the assessor and Mr Alexander. Quantum of damages against Rynbeck Holdings and Aluminium Systems will be based upon Rynbeck’s calculations. CONSEQUENTIAL DAMAGES [92] (a) Medical expenses - Attached to Mr Lewis’s affidavit dated 31st March 2006 - were copies of medical accounts to support a claim for medical expenses of $1,905.00. However, these were firstly documentary hearsay and secondly, were not linked in any particular way to probl...

7. Watson v Parker - The Proprietors of Torere 64 Incorporated [2015] Māori Appellate Court MB 543 (2015 APPEAL 543) [pdf, 388 KB]

   ...the committee of management. The application [11] On 22 October 2014, Ms Hutchison and others applied to the lower Court for an investigation into the 2014 election pursuant to s 269(6) of the Act. The application was supported by several affidavits from shareholders or other interested parties who outlined the circumstances of the election and the fact that the votes counted included at least two votes cast pursuant to proxies purported to be issued by or on behalf of deceased o...

8. [2022] NZEnvC 140 Cornelius v Western Bay of Plenty District Council [pdf, 419 KB]

   ...requiring TCC, as a condition of any this Court’s determination, to construct a more effective fence on the southern boundary of the access track to prevent public access to the area during the construction period for the upgrades. [14] The affidavit of the appellant Ms Cornelius sets out the adverse effects of past closures of the access track, including trespass on their property and, apparently, the properties of other neighbours. She also deposes to the adverse effe...

9. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...all but one of the present cases where only one of the “architects” has a university degree in architecture (from Germany) and the others are merely architectural designers. [6] In the present cases there has been particular reference to an affidavit which Mr Jackman swore on 14 September 2011 in relation to Jackman v CAC v D Cussen & W Hale, which we issued on 31 October 2011 as [2011] NZREADT 29. Mr Jackman was acting as Chief Executive of the NZ Registered Architects Board...

10. Nikora v Trustees of Tuhoe - Te Uru Taumatua Trust (2021) 252 Waiariki MB 157 (252 WAR 157) [pdf, 342 KB]

    ...Court’s pending judgment to allow the new applications to be heard. Following the issue of directions and the agreement of counsel for the existing applicant, the Court agreed to hear the new applications prior to issuing a decision. [16] A joint affidavit concerning the applications of Buddy Nikora was then filed by Paki Nikora and Tiniwai Te Whetu, chairperson of Te Kaunihera, dated 8 January 2021. [17] The new applications were heard on 26 January 2021.9 TUT did not participa...