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...not take heed of the reminder from Ms KB at the time or after the will was prepared. 2 In her comments on the draft decision Ms JR says: “[Brother CG] did not seek my assistance in resolving any disputes which had arisen in the family. On the contrary, [Lawyer A] at [Firm A] in [town] was acting in the matter.” While this does not affect the outcome of the review I note that in her letter to the Complaints Service dated 17 January 2...
...Constitute an Ahu Whenua Trust Sections 18(1)(a), 18(1)(i), 215, Te Ture Whenua Maori Act 1993 67 Ruatoria MB 260-298 dated 21 June 2004 Ms Gina Rudland, for the Applicant Mr Ron Barber, for the Johnson Family RESERVED DECISION This is a dispute relating to Tokata A4 which comprises 49.6979 hectares of Maori freehold land at the western end of Kawakawa Bay at Te Araroa. The southern boundary of the land is State Highway 35 and the northern boundary is the foreshore. For those...
...Licensed Immigration Advisers Code of Conduct 2010 (“the Code of Conduct”). [3] The complainant is somewhat distantly related to Mr Hassan. He accepts he did not comply with some of the formalities in the Code of Conduct thinking informality in a “family” context was acceptable. [4] However, the complainant says she paid substantial fees, which Mr Hassan denies. The complaint also alleges Mr Hassan did not process applications properly and that he dishonestly misled her in rela...
...he was overpaid sickness benefit, jobseeker support, accommodation supplement and temporary additional support. A second issue is an allegation the appellant received undeclared rent that affected his entitlement to benefits. [2] The appellant disputes he was in a relationship with XXXX, but he has not disputed the effect of being in a relationship on his benefit entitlements, or the Ministry’s calculations. He says he received no net rent. [3] The figure the ministry relies...
...proceedings against Mr ZN, initiated by [Company A], Mr PA swore an affidavit on 18 October 2017 (the 2017 affidavit) in which he deposed at paragraph [20] (the bankruptcy proceedings): I have no knowledge of and do not make any comment on Mr ZN’s Family Court matters. 1 Rule 2 of the Rules requires a lawyer to uphold the rule of law and facilitate the administration of justice. Rule 13.1 of the Rules creates a duty of absolute honesty to the court, and directs that a lawyer m...
...practitioner’s admitted unsatisfactory conduct a proper level of culpability in these circumstances? Background [5] The practitioner and her firm acted for a wife in relationship property proceedings. Prior to substantive proceedings being filed in the Family Court, Ms Reed filed, on 16 March 2017, on a without notice basis, an application seeking a “freezing” order under s 43 and s 44 of the Property (Relationships) Act 1976 (PRA) ie an order to restrain the disposition o...
...under a more specific one; namely r 2.5 of the Rules. (h) What comment, if any, can I make about the applicant’s claims to have suffered loss and damage? [68] A professional conduct inquiry is not to be regarded as an opportunity to re- litigate disputes over evidence, jurisdiction and judicial discretion in a Family Court proceeding. A standards committee or a Review Officer cannot be asked to second- guess how the parties have conducted their court proceeding or how the Court has de...
December 2019 | Issue 17 In this issue: Manukau District Court holds Community Day; Te Uepū Hāpai i te Ora and the Chief Victims Advisor release new reports; family violence work highlighted in Royal visit; Ministry and community service recognised with Public Service Medal and we introduce the Whenua Māori programme. Photo: Hāpaitia te Oranga Tangata – Safe and Effective Justice engagement team members at the Christchurch A&P show. Justice Matters https://www.justice.govt.nz...
...of the parties which brought about the need for the rehearing. The background is fully set out in the decision at 1 Waiariki Appellate Minute Book 125-132 and we refer to it briefly . The Respondent applied for succession without notice to other family members even though the Will had been subject of dispute. Mr Peterson, Solicitor for the Appellant, wrote to the Solicitor for the Respondent, Mr Rangitauira, seeking adjournment. Mr Rangitauira responded that he had written to his clie...
...relationship in the nature of marriage at the relevant times and the debt has been established in error. This is said to be because there was no financial interdependence and no emotional commitments and even if there was it was undermined by family violence in the relationship. The Ministry’s position 9. As a starting point the Ministry contends that XXXX was living in a relationship in the nature of marriage with [her partner] when she received benefit payments during t...