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1. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...New Zealand legal profession standards and regulations. [17] In her supporting letter, Mrs NP says Mr AO’s delay in providing a copy of the will meant there was no chance for her or her siblings to make representations as next of kin to the Family Court and they were left with the High Court process as their only avenue for challenging the will. Mrs NP enclosed several statutory declarations. The declaration from Mr BG, taken on 12 June 2015, relies on his diary note from 11 Octo...

2. Tairua - Succession to Tihema Takena Wihongi [2024] Chief Judge's MB 1669 (2024 CJ 1669) [pdf, 282 KB]

   ...te reo Māori. The will was in English. The applicant also contends that the deceased did not have legal counsel and that the will was not signed in front of a legal representative. The applicant questions whether Mrs Tairua signed the will and disputes the handwriting on the will. [3] The applicant claims that as a result of these factors, the land interests of the deceased were wrongly vested solely in her son, Te Roka Tairua. Kōrero whānui Background [4] The Registrar’s...

3. LCRO 158/2024 USP v FTC (30 June 2025) [pdf, 524 KB]

   ...resulted in the loss Mr USP says he suffered, is properly advanced through the vehicle of an action in negligence, rather than through the vehicle of a disciplinary complaint. [68] Negligence is a cause of action that is well-understood by traditional civil courts. Its ingredients include a duty of care, a breach of that duty, and a measurable loss that has been caused by the breach of duty. Findings of negligence may only be arrived at after comprehensive – sometimes expert –...

4. Coote - Estate of Shirley Dawn Quinn (2013) 2013 Chief Judge's MB 1018 (2013 CJ 1018) [pdf, 228 KB]

   ...them to the Crown. The Deed provided that certain lands were to be returned to them as reserves and these lands included the Tītī Islands. 7. A report prepared for my by staff at the Christchurch office continues: On 10 August 1909, after disputes had arisen as to who had ancestral rights to gather birds on the islands, the Governor issued an Order in Council conferring jurisdiction upon the Native Land Court under the Native Land Court Act 1894 to determine the persons enti...

5. CD v EF LCRO 272/2014 (24 September 2015) [pdf, 62 KB]

   ...Bethune if the default judgment, which meant that the substance of the complaint he originally referred to the Law Society would not be considered, was to be maintained”. [33] In Law Firm B v AP11 [34] His Honour explained how Mrs AP’s dispute over liability for the lawyers’ fees presented her with a quandary. She could not dispute liability and challenge quantum without running the risk that her quantum challenge may be taken as an admission of liability. This is becaus...

6. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...well (or poorly) the community may have been run, or any wrongdoing alleged to have occurred in the community over the past 50 years. These were all matters that would be outside this Court’s jurisdiction. If there was evidence of wrongdoing, civil or criminal, the plaintiffs should present it in the appropriate forum. [44] Mr Skelton went on to refer to applicable admissibility rules, and then responded in detail to submissions made for the plaintiffs. He emphasised that there...

7. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

   ...require a jury trial, rather it provides for the right to a “fair and public hearing”. Why are juries important? History of juries Jury trials have a long history. The right to a jury trial was recognised by the ancient Greek and Roman civilizations, and medieval societies including the Vikings, Normans and Franks. The right is ingrained in common law jurisdictions, such as New Zealand’s. In English history, a “jury” was a body of people with knowledge of a particular m...

8. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...the Authority will not make any orders for compensation relating to those issues. That is simply a finding that this Authority does not have enough evidence to deal with the issue. The complainant may well have grounds to pursue a claim in the Disputes Tribunal or the District Court. The Tribunal has made no findings inconsistent with the complainant or his partner pursuing such a claim. [30] In cases where there is no proof of a pecuniary loss, the Tribunal may make awards that...

9. NNS v MUL [2014] NZIACDT 18 (26 February 2014) [pdf, 118 KB]

   ...[24] In addition, she says the adviser did not tell her she could have applied for legal aid to engage a lawyer to pursue a refugee status claim. The adviser’s position Negligence [25] The adviser’s position is that the complainant and her family came to New Zealand and were irrevocably resolved to seek protection. She accepts that even so, she had to give advice on immigration options. That is particularly so, as after pursuing a refugee status claim, section 150 of the Immigrati...

10. Kingi - Succession to Te Punga Barclay [2025] Chief Judge's MB 61 (2025 CJ 61) [pdf, 527 KB]

    ...conduct more research and to complete the Report. [5] The Report was circulated to the parties by post on 31 May 2024 and by email on 5 June 2024. [6] On 9 June 2024, Marama Paewai-Kingi submitted a statement in response to the Report, along with family records from the Church of the Latter-Day Saints. Those records list Mavis as a child of Glenville Punga Barclay. Marama stated: 3 3 2025 Chief Judge’s MB 16-17. 2025 Chief Judge's MB 69 In no way are we t...