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1. Baker - Part Lot 1 DP 13787 (formerly Pt Tarawera 5A) (2015) 41 Tākitimu MB 281 (41 TKT 281) [pdf, 256 KB]

   ...of the trust, and that the deed should not authorise the commitment of trust funds for any further legal proceedings against him because he is a beneficiary. [49] It is a matter that is likely to provoke strong feelings on both sides, and an enduring workable solution is complicated by the different approaches reflected in the common law and the expectations of tikanga. It possibly over-simplifies the tensions, but on the one hand Nigel Baker relies on common law notions upholdin...

2. KN v MQ Ltd [2022] NZDT 187 (21 October 2022) [pdf, 108 KB]

   ...submissions on interpretation of the same clause in related proceedings with other purchasers have been taken into account. The purchaser, who is currently overseas, was represented in the hearing by his mother who also purchased a unit and has an Enduring Power of Attorney over his property. Referee: E Paton-Simpson Date: 21 October 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something preven...

3. Karaitiana-Bryant v Karaitiana - Waipahihi 4H [2024] Chief Judge's MB 278 (2024 CJ 278) [pdf, 300 KB]

   ...meeting and wanted the siblings to make up their own minds about who of them were to take the shares. Those who were not included were those who declined to take shares. The Court notes that by this time, Florence’s mother, Iramutu, held an enduring Power of Attorney over her husband’s property. [11] Florence also gave evidence that: At the Meeting neither Dad or Mum had confirmed that the (8) supporters at the Whanau Hui were going to get any Land or shares, the final decisi...

4. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...says that he continued to have a close relationship with Mr CT who, Mr MQ says, “began to rely on [him from 2012] as his attorney for property and as director of the company to help organise his business affairs”.4 [6] Mr CT executed the power of attorney for property on 21 May 2012. It became operable only when Mr CT became mentally incapable.5 [7] The appointment was activated in October 2018 following an assessment by Dr Worrall. The [CT] Trust [8] By Deed dated...

5. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

   ...mother, UB (who passed away in October 2020). However, it transpires that the Property was owned solely by UB. 2. KM was engaged to do painting work at the Property. AH claims the work done was substandard. 3. When the claim was lodged AH had an enduring power of attorney to act on behalf of her mother who had dementia. By the time of the last hearing her mother had passed away (as mentioned above). AH is an executor of her mother’s will. 4. The claim is for $12,677.86. 5. K...

6. Guidelines: Counsel for subject person - Personal and Property Rights Act [pdf, 94 KB]

   ...order. Consider if the assets could be reduced to qualify by setting up a funeral fund or purchasing some furniture or equipment for the subject person so as to reduce their capital. 5.5 Consider whether the subject person ever signed a valid enduring power of attorney which may avoid the need for an order. 5.6 Check whether the subject person has a will. If so: (a) endeavour to obtain or at least view a copy of the will; and (b) check for conflict in relation to the role of prop...

7. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...contradistinction, it is not so easy to read s 157(3) as having the same effect in respect of the Authority. [34] William Young J said that there were some textual references that suggested that the Authority and the Court had not been conferred with remedial powers for certain types of dispute.28 After noting that previous cases showed that there was some scope for debate as to the extent of remedial powers, particularly for the Authority, he went on to say it was arguable that th...

8. LCRO 53/2023 PN v QZ (26 October 2023) [pdf, 278 KB]

   ...and inviting him to meet. [28] In mid-November 2020, Mr RB was hospitalised with renal failure. [29] On 16 November 2020, Ms SV and Mr RB had a discussion following which, on 17 November 2020, Ms SV sent Mr RB a redrafted will. It appears that enduring powers of attorney in favour of Ms NF were prepared at the same time. [30] Ms PN says that Mr RB signed the will on 24 November 2020. Neither the draft will nor the signed will has been produced in evidence. [31] Also on 24 Novembe...

9. LCRO 1/2021 NB v GP (31 May 2022) [pdf, 224 KB]

   ...nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of...

10. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by Victims to be Heard) [2013] NZHRRT 26 [pdf, 79 KB]

    ...act according to the substantial merits of the case, without regard to technicalities: 105 Substantial merits (1) The Tribunal must act according to the substantial merits of the case, without regard to technicalities. (2) In exercising its powers and functions, the Tribunal must act— (a) in accordance with the principles of natural justice; and (b) in a manner that is fair and reasonable; and (c) according to equity and good conscience. [16] The second is s 108 which stipulat...