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1. Family Lay Advocate and Court Registry Handbook [pdf, 579 KB]

   ...cultural matters and represent the interests of a child or young person’s family/whānau if they aren’t already represented. Appendix 8: Family Justice terminology guide Adjourn / Adjournment – Delaying a hearing for another day or time. Affidavit – A written statement made under oath (including by affirmation) before an authorised person. Affirmation – A promise that something is right or true, made by someone without any religious beliefs. A person can affirm instead...

2. LCRO 85/2016 BA v FE [pdf, 280 KB]

   ...order is much more time-consuming than simply agreeing a date and inserting a brief clause to that effect in a relationship property agreement. Without wishing to overstate the obvious, as a minimum it involves preparing pleadings (including an affidavit in support), filing and serving the proceedings, complying with Court timetables and directions, and discussing or negotiating matters with the other side. [123] Mr FE carried out all of those steps efficiently and competently. He...

3. Nepia Ranapia - Evidence in Chief [pdf, 1.6 MB]

   ...relationships with Tangaroa and biodiversity. There should be opportunities for co-management or co-governance by Motiti and for Motiti. Recognition of matauranga Maori should include rahui as a method in the coastal plan. I have previously provided affidavit evidence on the use of rahui as a resource management tool to protect the relationship of Maori with Tangaroa, moana and taonga species. I produce my affidavit as Annexure NRl and adopt it as part of my evidence. Dated this 0...

4. [2018] NZEnvC 008 Adams v Auckland Council [pdf, 1.6 MB]

   ...(meaning inferences) rather than on anything stated in any part of the AUP or related background documents. That is also the position for its reference to the intentions of the IHP. The same can be said for the theories advanced in the Council's affidavit evidence about these matters. 10 See 5 above. 14 [70] As such, we do not agree that applying an integrated management approach would give rise to any untoward or unacceptable consequences. For instance, even in cases where...

5. Hutcheson v Houkamau - Porangahau 2B No 10 (2021) 88 Takitimu MB 118 (88 TKT 118) [pdf, 581 KB]

   ...information be filed by both parties before a decision as to continuation of the inquiry application could issue, with the possibility of a further hearing if necessary. Ms Katipo then filed a memorandum dated 18 September 2020, together with affidavits of the applicants. In reply, Mr Watson filed a memorandum dated 30 September 2020. Inexplicably, the files were not referred to me in chambers and, despite the issuing of an earlier decision concerning the operation of the marae ban...

6. [2007] NZEmpC WC 14A/07 CE of the Department of Corrections v Tawhiwhirangi [pdf, 170 KB]

   ...official had told Mr Burger. As it transpired, the department had been specifically told by CANZ that it should not discuss the situation of either Mr Tawhiwhirangi or Mr Collins with that official. By 8 December 2006 Mr East had been sent an affidavit by Mr Collins in which he swore that it was not true that he had retracted his statement and that he stood by it but Mr East took no steps even after that to interview Mr Collins. [120] In January 2007 Mr East’s disciplinary file...

7. B v ACC [2012] NZACA 5 [pdf, 127 KB]

   ...appears to have minimal adverse impact upon the appeal process or the integrity of the Act, and there does not appear to be any prejudice to the Corporation. [54] The test of abuse of process also favours the appellant, even though there is no affidavit evidence to support the reasons for his delay, as it is apparent from the available evidence that the appellant was not consulted before the appeal was withdrawn and that he was wrongly informed by the Registry that a fresh decision was...

8. Wellington Standards Committee v Twigley [2016] NZLCDT 37 [pdf, 601 KB]

   ...invoice itself was dated 31 December 2014 but was not issued until the practitioner wound up his practice on 18 March 2015. [50] It was the expert evidence of Mr Hughes that he could find “no work that justified” the $3,000 invoice. [51] In his affidavit in reply, relating to the B matter, firstly Mr Twigley blamed his client for not communicating with his office from late 2013, meaning apparently that she did not receive sufficient attention as a result. But further, he sugges...

9. Dr Donald Stevens QC’s second report on claim by Tyson Gregory Redman for Ex Gratia compensation [pdf, 8.5 MB]

   ...first appeal. The issue is how much responsibility for this rests with the claimant, as opposed to his counsel. 32. It should first be noted, however, that while there would be no impediment to the ev idence from the eight affiants, who provided affidavits for the royal prerogative application, being used at the first appeal, there would have been an issue about whether evidence from some of the affiants could have been used at the trial. Two of the affiants - s 9(2)(a) and s 9(2)(a)...

10. [2021] NZACC 126 - Botha v ACC (4 August 2021) [pdf, 534 KB]

    ...Botha’s temperature rose, it was not a causative factor, for the reasons she explained, which are set out in paragraph [32] herein. [119] The last issue is the failure to obtain Mrs Botha’s informed consent to the venue for delivery. In an affidavit by Mrs Botha dated 18 January 2018, she stated that she and her husband told their midwife that they wanted the birth to happen in a hospital, where they would have everything they needed. The midwife replied that sometimes the ho...