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1. [2023] NZEnvC 116 Norrish v Dunedin City Council [pdf, 12 MB]

   ...example, geological features and indigenous fauna. 27 James EIC, at [19]. 28 McKinlay EIC, at [14]. 29 Mr McKinlay referred to these values as the amended Pigeon Bay Criteria adopting the approach in the 2013 report of Mr Moore. 30 J Macleod affidavit, dated 14 March 2023, at [8] , [18]-[19]. 13 In addition, the ODP direction does not refer to "transient va/11es" (e.g. mist, cloud, wildlife). It also excludes any reference to the cultural or historical values that are...

2. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   ...instructions of his employer.” A Summary of Relevant Evidence for the Prosecution Evidence of Mr W [4] Mr W works as a licensed agent at X X X Wanganui trading as X X (Wanganui) Ltd. He has been a Justice of the Peace for about 30 years. [5] In an affidavit of 3 August 2011 Mr W had deposed, inter alia, that the defendant had joined X X Ltd as a licensed salesperson in January 2011. The deponent advised of being informed about a number of complaints made against the defendant as...

3. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...remaining trust account funds. [128] At that point, as I have indicated, it fell to Mr AJ as part of his fixed-fee retainer to apply for clarifying orders. It might have been possible to accomplish that without a formal application and supporting affidavits; a memorandum to the Judge may have provided the clarification the parties needed. [129] To have done nothing for some further three-plus years, is inexcusable in my view. Mr AJ’s brief period of suspension during 2014 provid...

4. Macolm - Okataina 10 (2001) 206 Rotorua MB 287 (260 ROT 287) [pdf, 5.8 MB]

   ...the obligations of the lessee under a contract for the grant of the lease. 5. Mr Malcom and others by his leave have neglected or refused to quit and deliver up possession of the land to the trustees. 6. Upon the further grounds appearing in the affidavits of Murray Lloyd Patchell, Rubyanne Taawai Ahomiro and Peter James Livingston filed in support of the application. Further orders were sought for payment by Mr Malcom of mesne profits to the Trust for occupation of the land and for...

5. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...sought to rely;3 [16] As Mr [ZA] had identified this file as of concern to him, a redacted version of his letter of 6 May was provided to Mr [YB] and he was invited to identify any issues he wished to raise arising from it. said he wished to file affidavit evidence in support, a synopsis of submissions and have his advocate appear at a hearing to argue the matter. Mr [ZA] observed the LCRO’s timetable appeared not to have provided for him to attend to those matters, apologised for...

6. Firmin v ACC [2013] NZACA 15 [pdf, 87 KB]

   ...ordered to recalculate Mr Firmin’s compensation backdated to the date of the claim, plus interest. [10] When the application came before me for directions, I directed Mr Murray to file an application for reinstatement of the appeal and supporting affidavits and Mr Firmin waived privilege for his file held by Miller Law, who had represented him when he gave instructions to withdraw the appeal. [11] ACC wanted to confine the hearing to the sole issue of whether the appeal should b...

7. Director of Proceedings v N [2019] NZHRRT 38 [pdf, 953 KB]

   ...agreed summary of facts. 5. The aggrieved person (Mrs Cerise Lawn) and her husband (Mr Timothy Lawn) do not seek any order prohibiting publication of their names or the name of their daughter (Miss Ariana Lawn). 6. Any application (and supporting affidavit) for name suppression by the defendant is to be filed by Friday 5 October 2018. Any notice of opposition to that application by the plaintiff is to be filed by Friday 12 October 2018. 7. In the statement of claim the plaintiff also...

8. Impact summary RIA Extended Control Orders [pdf, 369 KB]

   ...comment could still be made about the person’s engagement in programmes while in prison. Other evidence may include Parole Board outcomes, expert witnesses (e.g. academics with specialised knowledge of terrorism groups), mail sent from prison7, affidavits from Correction’s officers or friends and family of the individual. The effectiveness of a control order at managing a terrorism offender will vary depending on the individual. No counter-terrorism measure can be guaranteed to...

9. Koha v Tatana - Succession to Winika Hāwe [2022] Chief Judge's MB 266 (2022 CJ 266) [pdf, 359 KB]

   ...others such as Celia and Wiha were consulted, and they stated “whatever”. [20] The problem with her evidence is that technological problems occurred during her questioning and my direction to have counsel address the problem by filing an affidavit was not able to be complied with. Counsel for the respondent submitted that her evidence demonstrated that there were at least family discussions. He also pointed out that it was the contention of the respondents that all the child...

10. Bevan v Peakman - Succession to Kathleen Paikea and Hemi Wharepaikea [2024] Chief Judge's MB 212 (2024 CJ 212) [pdf, 360 KB]

    ...section 19 of the Adoptions Act 1955. Additional information: During the course of notifying parties of the application, James Paikea (9 February 2021 sent an email of his views of the applicants claim. On 3 February 2021, Angeline Peakman filed an affidavit (email form) disputing the applicants claim. 2024 Chief Judge's MB 221 On 17 February 2021, Tariana Paikea’s correspondence of 7 January 2021 was returned unclaimed. Details of subsequent Orders affecting lands...