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1. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   ...Morrell confirms that the signatures on the producer statement and material guarantee and warranty “could be” those of Mr Kiff. That is correct so far as it goes. However, the test the claimants must meet is not “could be” but rather the civil standard of proof, namely the balance of probabilities. The claimants are also incorrect to contend that it is Mr Kiff’s responsibility to prove forgery. On the contrary, the claimants carry the burden of proof (i.e. that the d...

2. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...Oturu B1 - $40.00 ) Oturu B2 - $9.00 ) Nos. 12, 13, 14, 15 & 16. Oturu B3 - $4.00 ) Okakewai B2B2A - $83.00 Nos. 1, 4, 7, 8, 11, 9, 10 Okahu 4C1 - $15.00 Nos. 2, 5 Order 32/53 Ben Card 6137 & 26854 ($18.66) $5.00 to Registrar, fee on application Balance to applicant Copy minutes to applicant Copy minutes to Sec. Te Hapua 42 8. The Court minute only records Robert Subritzky as being present at the hearing. 9. The orders so made vested the deceased...

3. Regulatory Impact Statement: Canterbury Earthquakes Insurance Tribunal [pdf, 466 KB]

   ...tribunal process is used instead of informal settlement negotiations under the status quo. This assumes the uptake of the tribunal option is greater than the current uptake of court-based dispute resolution, based on the proposed absence of filing fees; anecdotal evidence that insurers and claimants are motivated to resolve disputes; evidence from analogous tribunals; and our understanding of the likely complexity of cases and the tribunal’s proposed operating model. Low (monetisabl...

4. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 KB]

   ...LO elsewhere for independent advice”. [23] The Committee stated that in such circumstances Mr SM “should have identified the conflict of interest in acting for, or attempting to act for [Ms LO] and referred” her to a different lawyer. Fees [24] Because [Firm 2], not Mr SM, acted on the estate administration, the Committee declined jurisdiction to consider Mr AA complaint against Mr SM in respect of [Firm 2]’s fees for that legal work. Application for review [25] Mr...

5. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...proceedings in the New Zealand Family Court – whether as applicants or respondents. 4. We believe that the issues we outline in this submission constitute state funded abuse by the New Zealand Family Court resulting in serious violations of the civil, political economic, social and cultural rights of women and children who have experienced violence and abuse. 5. Children fare very poorly when the Family Court is involved in their lives. These children are suffering at the hands o...

6. Hastie and Dredge TRI-2023-100-001 Procedural Order 5 [pdf, 251 KB]

   ...imposes a limitation period), the making of an application under section 32(1) has effect as if it were the filing of proceedings in a court. … Building Act 2004 393 Limitation defences … (2) However, no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based. … [66] The claimants’ causes of action...

7. B v Southern Response Earthquake Services Ltd [2021] CEIT-2021-0006 [pdf, 336 KB]

   ...parties, the details of which are discussed below. Evidence 58) Mr B and Ms F appeared before me and gave evidence, backed by copies of the correspondence between the parties. Mr B 59) In summary Mr Bs’ evidence is: a. He is a qualified civil engineer and quantity surveyor. He has 66 years’ experience in construction including working on roads, motorways and hydro- electric dams. b. He believes that the site was one of the worst in Christchurch due to liquefaction and...

8. Rec-Recap-Q3-2022.pdf [pdf, 691 KB]

   Recommendations Recap A summary of coronial recommendations and comments made between 1 July and 30 September 2022 Office of the Chief Coroner | 2022 (3) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a dea

9. CAC306 v Zhou & Anor [2015] NZREADT 51 [pdf, 223 KB]

   ...was forged by the wife of Mr She (Qizhe Wei). v. Mr She knowingly assisted with the use of the forged signature on the sale and purchase agreement. vi. Mr She also received a share of the commission payable by the vendors, by way of a referral fee for introducing the buyer, when he knew that the buyer was the wife of his associate Mr Zhou, and that Mr Zhou was to be the registered owner of 34 Diana Drive and he did not disclose that fact to the vendors or the listing agents. vii. M...

10. Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) [pdf, 253 KB]

    ...Section 18(1)(a) determining the life interest held by John Henry Carroll and vesting the interests in numbers 1-9 equally; and d) Section 242 for payment of the said funds held for the deceased to the applicant for reimbursement of the application fee and expenses. Identification of evidence that may be of assistance in remedying the mistake or omission 7. The applicant has provided the following documents in support of her application: a) A certified copy of the original will...