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1. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

   ...Mr Ivil then said that he telephoned Sheldon‘s and one of its valuers told him that one of his colleagues had said that Clearwater Cove was ―a classic leaky building, that is, Harditex.‖ Mr Ivil did not give this evidence in his briefs, affidavits or replies to interrogatories even though his knowledge at the time of these purchases was an issue raised by the strike out applications. However, on the basis of his oral evidence we conclude that he must have received valuation...

2. Tau v Tahere - Rangihamama X3A (2016) 137 Taitokerau MB 68 (137 TTK 68) [pdf, 494 KB]

   ...are seeking a determination that the Tahere whānau have no right, title or licence to occupy the land. In considering the trustees’ application, I must determine the status and effect of the agreement reached on 13 March 2015. [142] The affidavit of Fletcher Tahere sworn 21 April 2015 sets out Mr Tahere’s evidence on the agreement reached. According to Mr Tahere, the parties met on 13 March 2015 at the Te Runanga o Ngāpuhi office on Mangakahia Road in Kaikohe. After discus...

3. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   ...for the “hot tub” sessions, the Family Trust indicated that it did not intend calling Mr Brooks as a witness. It was entitled to make this decision, which would have prevented the Tribunal from having regard to the evidence contained in his affidavit. However, IAG insisted he be called and then commented in its closing submissions that his contribution during the “hot tub” sessions was not helpful and pointed out his lack of investigation and deferral to other witnesses with...

4. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...employee (under the Ministry’s model), as he explained in evidence. At the hearing Ms Bleckmann, Group Manager Operational Performance, Disability Directorate within the Ministry of Health, doubted that this could be so but subsequently filed an affidavit clarifying her earlier evidence, confirming that it was indeed possible for Mr Humphreys to be both employer (as agent) and employee under the Ministry’s Individualised Funding Model. I understood Ms Bleckmann to say that it wa...

5. [2021] NZACC 176 - Renton v ACC (5 November 2021) [pdf, 728 KB]

   ...dated 14 May 2014 Judge Powell made an “unless” type order with the Judge noting: Any application for variation of the timetable is to be made as soon as possible so as to minimise the effects of any delay. [78] Mr Hunt next refers to an affidavit from Professor Bishara of 25 May 2015. At that time Dr Bishara was 86 years old and deposed to the fact that he had chronic obstructive respiratory disease. [79] Next reference is made to the judgment of Collins J of 15 Jun...

6. Proactive-release-Better-Outcomes-for-Victims-Work-Programme_FINAL.pdf [pdf, 1.7 MB]

   ...3 Interlocutory applications are an application for directions or orders that are secondary to the main claim, and usually relates to the procedure of the case. It may be accompanied by an affidavit supporting the application. Section (9)(2)(f)(iv) I N C O N F I D E N C E I N C O N F I D E N C E 13 74 The Ministry of Justice is also progressing work on a system of we

7. [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...

8. [2016] NZEmpC 7 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 372 KB]

   ...to return-to-work issues, I adjourn the plaintiffs’ application for compliance orders. The issue will be considered at a submissions-only hearing to be held at the Auckland Employment Court at 8.30 am on 23 February 2016, and in light of any affidavits and memoranda as filed and served by noon on 22 February 2016. [138] With regard to the five persons over whom there is controversy as to eligibility, I reserve leave to them to apply for further directions on three days’ noti...

9. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

   ...takes over the file, that lawyer will be able to build on an established foundation of work. In the litigation arena, the lawyer initially may after having taken initial instructions, engaged in negotiations, drafted a statement of claim, drafted affidavits, 31 attended to any interlocutory matters and completed discovery. It would be perverse to suggest that this is of little value simply because the lawyer is unable to complete the brief. This is all work which is quantifiable a...

10. Appendices report: Qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms [pdf, 582 KB]

    ...the early stages of Family Court cases • Did you represent yourself or did you have a lawyer? IF PARTICIPANT DIDN’T HAVE A LAWYER; ASK: • How easy or difficult was the process to understand? (What about the forms and questionnaires, affidavits?) • Were you encouraged to use support people (McKenzie Friends) - did this help? • How did you feel representing yourself? Were you confident or nervous or somewhere in between? • What are some of the good things about...