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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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an ex parte hearing was called by animal welfare to force me

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an ex parte hearing was called by animal welfare to force me to remove horses from a paddock that did not have piped water. Affidavits were provided by two experts who lied their back teeth out.
I attempted to APPeal, but the registrar refused to give me the necessary papers and told me to see a lawyer. The lawyer informed me that I was now out of time and he did not want my case as I was unlikely to get legal aid -I am beneficiary but own my own house. I did not get legal aid. I applied for an injunction.
At the preliminary hearing the judge informed me that one expert (A) did not have to appear or provide an affidavit. I am told this is correct, but the expert must be present for cross-examination at the hearing. Is this so?

The other expert (B) provided an affidavit admitting she had made "errors" and indicated she would be present at the hearing.
At the hearing A did not appear. I asked where she was. The judge threw a wobbly and said she did not have to appear. B appeared and spoke. When I started to cross examine her on the contents of her affidavit given at the ex parte hearing the judge yelled at me "you will not go there" and in fact left the court for a while to compose himself. In his summing up he described B as AN HOnest and credible witness!! How can I get the conduct of the hearing investigated?

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : If you had wanted to cross examine the persons who swore and filed an affidavit, you must give formal notice, usually by a letter to the prosecutor and the court, that you want the witness present to be cross examined.
christhelawyer : So this would have enabled you to ask those witnesses about their statements.
christhelawyer : If you are out of time for an appeal, you can still ask for leave to appeal out of time although that is not always easy.
christhelawyer : As for the judge, you can complain to the Judicial Conduct Commissioner about the conduct of the hearing. The site is at
christhelawyer : This will enable you to raise the issue of what he said and permitted you to do.

I have received discovery fior a hearing set down next week arising out of this case. I have been charged with contravening a court order.


the discovery does not include information requested of their main witness - the person who instigated the court order and who was charged with ensuring the terms were complied with. She is also not listed as a witness. What is the procedure for ensuring that she appears and is able to be cross examined. An administrator could also need to be called.

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