Search Results

1. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...inaction by the Board unnecessarily delaying the hearing of the application; (d) the respondents were directed to file evidence by 22 April with rebuttal evidence to be filed and served by 6 May 2005. On 4 May 2005 the Board filed three sworn affidavits and two futiher drafts, which ultimately were identical to their final form. Minute Book: 83 TPO 158 It could not be argued then, that the applicant was put to additional cost when dealing with the last two affidavits; (e) on 1...

2. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...having regard to the seriousness of the misconduct, personal factors of the practitioner and the outcomes of similar cases. What happened after the penalty hearing? [2] In the course of the penalty hearing, Mr Palmer’s counsel relied on two affidavits,1 sworn by principals in the firm at which he was employed. The affidavits were relied on to show that Mr Palmer had behaved impeccably towards women in his four years at the firm, which he had joined following his departure from D...

3. Miscarriage of justice - Scott Watson - Ministry's briefing to Minister June 2013 [pdf, 1.1 MB]

   ...– an allegation that (inquiry head) Detective Inspector Pope manipulated the media to enable reporters to identify, attack and malign Mr Watson without risking contempt of court proceedings and resulting in a trial by media; and inaccuracies in an affidavit sworn by Detective Inspector Pope in support of applications to obtain interception and search warrants; (b) Identification of the Mystery Man – an allegation that the Crown prosecutors misled the jury by quoting selectively and...

4. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...consider it appropriate to deal with the notice of application and notice of opposition on their merits, since both parties proceeded on the basis that these documents summarise the issues which need to be resolved. [11] Both parties filed affidavits supporting their positions. In her affidavit, Ms Van Kleef in summary referred to documents she had obtained from various sources which she submitted supported her contention that there were indeed further relevant documents...

5. [2021] NZEnvC 161 Marlborough District Council v Gifford [pdf, 477 KB]

   ...to comply with the remaining Part B Orders (B1, B2, B3, B4, B5, B9, B12 and B13) and to recover the cost of doing so. The application was made on the grounds that the Respondents had not yet complied with the Orders and was supported by the affidavits of Melissa Gibbons dated 10 September 2021 and Peter Davidson dated 3 August 2021. The properties affected [7] The Orders apply to the following locations: (a) State Highway 1, Redwood Pass, Blenheim (legal description Lot 1 DP...

6. [2021] NZEnvC 161 Marlborough District Council v Gifford [pdf, 477 KB]

   ...to comply with the remaining Part B Orders (B1, B2, B3, B4, B5, B9, B12 and B13) and to recover the cost of doing so. The application was made on the grounds that the Respondents had not yet complied with the Orders and was supported by the affidavits of Melissa Gibbons dated 10 September 2021 and Peter Davidson dated 3 August 2021. The properties affected [7] The Orders apply to the following locations: (a) State Highway 1, Redwood Pass, Blenheim (legal description Lot 1 DP...

7. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

   ...outlined, the issues raised, and indicated the views that were potentially open on the material then before the Tribunal. The parties were given an opportunity to respond. [40] Mr Sparks and Ms Maerean responded with the following material: [40.1] an affidavit from Mr Acdal, the operations manager of Greenfields; [40.2] an affidavit from Mr Sparks; [40.3] an affidavit from Ms Maerean; and [40.4] submissions from counsel, for Mr Sparks and Ms Maerean. [41] The Authority did not cha...

8. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...no such evidence is provided to our satisfaction then the orders of Judge Reeves for repayment on this issue will be affirmed. [10] We granted leave to file additional evidence on or before 12 June 2019. The second appellants subsequently filed affidavits by Robyn Power and John Butler, dated 12 June 2019. There was also an attempt to file supplementary affidavits by both John Butler and Ms Power, dated 28 August 2019, well outside the two-month period that we had granted. No lea...

9. Employment Court Practice Directions [pdf, 492 KB]

   ...nature of the document being filed should distinguish amended pleadings from original pleadings (for example, second amended statement of claim of third plaintiff), and should show the particular matter in support of or in opposition to which the affidavit has been filed and is intended to be read (for example, affidavit of Mary Smith in support of application for interim injunction, or affidavit of William Jones in support of defendant’s challenge to plaintiff’s objection to di...

10. Faulkner v Egan - Matapihi 3A2C1C2C (2006) 86 Tauranga MB 141 (86 T 141) [pdf, 785 KB]

    ...98). However, after further questioning by Judge Harvey, Thomas indicated that he thought Putere had probably given him the $30,000 in order to obtain a half-share in the house (see 85 Tauranga MB 99). 8. Prior °to his death Putere filed an affidavit dated 24th June 2005. In that affidavit he said that Hurihia told him that if he and Catherine paid Thomas for his share of the house, she (Hurihia) would gift them her share in return for taking care of her. 9. Catherine Faulkner...