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...As a result of David Bain’s petition to the Governor‐General a number of questions were referred to the Court of Appeal and heard October 14 to 18, 2002. In addition to the 1995 trial record the Court of Appeal received additional evidence by way of affidavits and testimony. The Court concluded that the questions raised warranted a deeper look at the Bain convictions on the merits. It stated: “There is ...
...• if dismissed unjustifiably and/or disadvantaged unjustifiably, the other remedies to which the plaintiff may be entitled. The principal actors [2] The Court received the evidence of a large number of witnesses including many by unchallenged affidavit. The following identification of the leading actors in this saga may allow a better understanding of their roles and assessments of their conduct. [3] In addition to the plaintiff himself (whose anonymity I have attempted to preser...
...not share that religious belief. It does not suffice to point to individuals who have been or may be negatively affected by a particular law. [190] Applying that approach, Ellis J also held the evidence needed to support a claim was lacking. The affidavit evidence filed on behalf of the Health Professionals Alliance deposed that their belief is grounded in their Roman Catholic faith that abortion was wrong in absolute terms. However, the Court held there was no reliable evidence that Ro...
...violence. Submissions also suggested that in cases of family violence, judges in the criminal court considering sentences and bail applications should have access to relevant proceedings of the Family Court (including applications for a protection order, affidavits in support and judges’ decisions and memoranda). Information sharing between civil courts would prevent the Family Court from effectively being put in the position of countermanding itself when a judge made an order in one r...
...hearing, principally for the defendant, when propositions were put by the Bench to counsel. Third, we rely on factual findings made by the Chief Judge in Interlocutory Judgment (No 2) following the injunction proceedings heard on 16 June 2015 on affidavit evidence. 3 Finally, the parties have submitted a substantial volume of relevant documents to the Court, the admissibility of which is accepted and from which we have derived certain factual findings and have drawn inferences....
...recommends the Government make an inflation adjustment to the current threshold and establish a mechanism for regular inflation adjustments. • The centralised Probate unit based at Wellington High Court must consider the original will and supporting affidavits in paper form. • On average, about 100 new applications are received per day which means a backlog can grow quickly when staffing or access to the court is disrupted. • In particular, a significant backlog grew during t...
...violence. Submissions also suggested that in cases of family violence, judges in the criminal court considering sentences and bail applications should have access to relevant proceedings of the Family Court (including applications for a protection order, affidavits in support and judges’ decisions and memoranda). Information sharing between civil courts would prevent the Family Court from effectively being put in the position of countermanding itself when a judge made an order in one r...
...his letter of 21 December 2009 the Board’s lawyer expressed his scepticism about Mrs Fox’s assertion that she had not received the previous correspondence and said that the solicitors would ask her to make a statutory declaration or affidavit with regard to that matter if it became material. [140] I interpolate here that it appears that this was not done, despite the delayed receipt of the letter having become a material and even pivotal consideration in Mrs Fox’s dis...
...reporting and making recommendations, Judge Stone confirmed that the interested parties who filed amended statements of claims would not be registered as claimants for the purposes of the priority inquiry.16 Before the hearing started, the Crown filed an affidavit from the Minister of COVID-19 Response, the Honourable Chris Hipkins. The Crown advised that Minister Hipkins was unable to attend the hearing to present this evidence. Consequently, Judge Stone directed parties to file, in wri...
...of claims would not be registered as claimants for the purposes of the priority inquiry.[footnoteRef:16] [14: Submission 3.2.441, p 1.] [15: Memorandum 2.6.77, p 3.] [16: Memorandum 2.6.77, p 4.] Before the hearing started, the Crown filed an affidavit from the Minister of covid-19 Response, the Honourable Chris Hipkins. The Crown advised that Minister Hipkins was unable to attend the hearing to present this evidence. Consequently, Judge Stone directed parties to file, in writing, any qu...