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1. BG v HL LCRO 71/2013 [pdf, 221 KB]

   ...advanced by him in support of that application, was his contention that he had not been properly advised by Ms HL, and in particular, had not been shown a copy of the police summary of facts before his pleas were entered. [8] Ms HL provided an affidavit to the Court in which she set out her view of events. The complaint and the Standards Committee decision [9] Mr BG lodged a complaint with the New Zealand Law Society Complaints Service (NZLS) on 27 April 2012. The substance of...

2. Wall v The Maori Land Court - Tauhara Middle 15 Trust and Tauhara Middle 4A2A Trust [2010] 2010 Maori Appellate Court MB 55 (2010 APPEAL 55) [pdf, 175 KB]

   ...clear as to what was required for a power of attorney to be accepted. For any election to withstand scrutiny any pre-conditions have to be strictly imposed. The provision of evidence of non-revocation, subsequent to the meeting, in the form of affidavits, could not validate the powers of attorney. 2010 Maori Appellate Court MB 76 [97] The Deputy Registrar informs us that the result of the recounting exercise is as follows: Nominee Name Number of Votes 1. Topia Rameka...

3. [2018] NZEmpC 128 Blue Water Hotel Ltd v VBS [pdf, 435 KB]

   ...(LC); Day v Whitcoulls Group Ltd [1997] ERNZ 541 (EmpC). relied on are that she is the subject of an order under s 203 of the Criminal Procedure Act 2011 in a related proceeding;50 and on the grounds of significant stress as described in an affidavit. Having particular regard to the order of the Court of Appeal, it is essential we make a parallel non-publication order in this Court, and on the same terms. Accordingly, we now make a permanent order of non-publication of name,...

4. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...reinstatement which are the same as the tests for interlocutory injunctive relief in other proceedings. Mr Angus‘s application for interim reinstatement has been brought on, heard, and decided at short notice. The only evidence before the Court is on affidavits filed by each of the parties. There has been no cross-examination of witnesses (as may be a particularly important feature of this case) and the parties have not had the usual opportunity to present detailed submissions...

5. ABC v XYZ [2013] NZHRRT 25 [pdf, 117 KB]

   ...2008 the plaintiff wrote to the defendant reporting that her former partner was alleging that the plaintiff was (inter alia) “mad, borderline personality disorder” and intended seeking custody of both children. She asked the defendant for an affidavit or a letter of support “vouching for [her] sanity”. By email dated 1 February 2008 the defendant provided a draft letter and asked, before it was tidied up, whether the plaintiff approved. The draft letter described the author as...

6. [2019] NZEnvC 030 Zindia Limited v Marlborough District Council [pdf, 5.7 MB]

   ...Harvest Plan'. [28] For completeness, the companion application for the land use consent for activities in relation to the foreshore reserve (this consent numbered U120345.6) 12 13 Copies of these and related documents are attached to the affidavit of Reuben John Fergusson, for the Council, dated 12 November 2018 and his reference numbering is applied here. RJF2. 9 described the activity for which that consent was sought in terms similarly related to commercial forest...

7. Puna v Puna - Rotopounamu 1B1A [2022] Chief Judges MB 28 (2022 CJ 28) [pdf, 335 KB]

   ...deceased and Haenania Puna 173.051 shares in Rotopounamu 1B1A previously held by their father Hare Puna or Hare Ngawhakakapingaote Rangi Puna. 14. Paragraph (vii) of 1990 Chief Judge’s MB 199 (3 October 1990), contains the following text: An affidavit is on file stating that no Deed of Family arrangement was ever entered into by the beneficiaries of the estate of Hare Puna subsequent to Probate being granted in the Supreme Court on 27 February 1970. Original documentation held...

8. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...valuation process was flawed. [64] In relation to the Council's objections to some of the disbursements, Jaafar says that the fact that an expert is not required to give evidence does not disqualify their costs from being claimed. It presents an affidavit from the principal of Jaafar deposing that the invoices were addressed to a company that manages its business affairs and that the invoices were paid by Jaafar. It also presents an updated schedule of its costs dealing with...

9. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...did find that there had not been any adequate consideration at [18]. As noted, this judgment predates Fuel Espresso. each of the plaintiffs over the 12 months prior to their departure. The schedule relied on by the defendant is annexed to an affidavit sworn by Kelly Services’ Auckland Sales Manager, Mr Nutt. [71] Mr Harrison submitted that the lack of certainty as to who is, and who is not, a customer is relevant to a determination of the current application. As he points...

10. Trustees of the Horina Nepia and Te Hiwi Piahana Whanau Trust v Ngati Tukorehe Tribal Committee & Tahamata Incorporation (2014) 314 Aotea MB 159 (314 AOT 159) [pdf, 231 KB]

    ...9 59 Ōtaki MB 57 (59 OTI 57) 10 89 Ōtaki MB 269 (89 OTI 269) 11 200 Aotea MB 38 (200 AOT 38) 314 Aotea MB 166 [20] Kathryn Knowles, an accounts clerk with Fluker Denton, accountants of Levin provided affidavit evidence on the Incorporation’s records. She stated that the shareholders’ cards were originally small yellow cards which were subsequently changed to larger white cards which she says were easier to handle. Ms Knowles then state