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1. Paea v McLeod - Succession to Donald Te Whetu McLeod [2024] Chief Judge's MB 1982 (2024 CJ 1982) [pdf, 564 KB]

   ...relied upon. The documents were not read or explained to the deceased.3 (c) The respondent did not pressure the deceased to transfer his land interests to her.4 He was her Koro and he raised her as whāngai. In 2021,5 he appointed her as the Enduring Power of Attorney (EPOA) in relation to his personal care and welfare and, in 2022,6 she was appointed the executrix of his Will and sole beneficiary of his estate. [8] This matter was first heard before me on 23 September 2022.7...

2. Auckland Standards Committee 5 v Van Noort [2017] NZLCDT 21 [pdf, 286 KB]

   ...practitioner responded that, by coincidence, he had documents for her sign. 7 PE met the practitioner at the property on 5 February 2016. PE signed documents that the practitioner had prepared but at that time the practitioner had not yet finalised enduring powers of attorney for signature by the complainants. This was dealt with after the meeting. 8 During the course of the meeting on 5 February 2016 the possibility was raised of the practitioner leasing part of the property from t...

3. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...Rules” are to the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Background [4] The applicant was married to Mr DC (Mr DC). It was a second marriage for both. [5] Mr LB says that in 2016, the applicant signed Enduring Powers of Attorney (EPAs) under the Protection of Personal and Property Rights Act 1988 (the PPPR Act) in favour of him and his siblings. [6] In December 2021, the applicant signed new EPAs in favour of Mr DC. Mr LB says that...

4. LCRO 160/2024 XT v YQ (27 June 2025) [pdf, 219 KB]

   ...of the circumstances I consider material to this review decision, expressed in simplified terms. 2 [3] The siblings1 were their mother’s children by her first marriage. [4] The mother’s second husband of 40 years was Mr X. Mr X held an enduring power of attorney (EPOA) for her care and welfare. [5] There was discord between Mr X and the siblings over decisions he made as enduring attorney during the last two years of Mrs X’s life. [6] One of the applicant’s sisters...

5. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...Mr DK on one side and his sister, Mrs ER, and her husband, Mr JR, on the other. [18] The Rs lived in [Country D]. Mr DK lived in the [Country E]. [19] Immediately before the relevant course of events, Mrs LK was 94 years old. Mr DK was her enduring attorney for both welfare and property. [20] [Law firm A] had been Mrs LK’s lawyers for many years. Mr BY had been the partner with primary responsibility for the firm’s legal work for her. [21] In April 2015, Mrs LK was ver...

6. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

   ...mother’s will and for details of legal costs incurred to date and, if so, whether this was contrary to Rule 7.2 of the RCCC; (iii) Whether Mr HM failed to disclose information to Ms PL (that is, the existence of the Memorandum of Wishes and the Enduring Power of Attorney) and, if so, whether this was contrary to Rule 7 of the RCCC. Respect and courtesy [24] The Committee considered that “most of the issues raised by Ms PL fell within the ambit of Rule 3.1 of the RCCC, that is,...

7. LCRO 157/2024 TA v YQ (25 June 2025) [pdf, 327 KB]

   ...circumstances I consider material to determination of this review, expressed in simplified terms. 2 [3] The siblings1 were their mother’s children by her first marriage. [4] The mother’s second husband of 40 years was Mr X. Mr X held an enduring power of attorney (EPOA) for her care and welfare. [5] There was discord between Mr X and the siblings over decisions he made as enduring attorney during the last two years of Mrs X’s life. [6] One of the applicant’s sis...

8. KX & MC v FK [2024] NZDT 665 (16 August 2024) [pdf, 259 KB]

   ...to pay the sum of $3,850.00 to KX and MC (as the attorneys of BN). REASONS 1. The Applicants, KX and MC (together referred to as “the Applicants”), are the daughters of BN who is 95 years old. On 8 July 2013, BN granted the Applicants an enduring power of attorney to act in relation to his property affairs (“the EPOA Property”) which took effect from that date. On 22 March 2019, BN granted the Applicants an enduring power of attorney to act in relation to his personal care...

9. Russell v Burns - Ōnuku 886 2B2 Ahu Whenua Trust (2018) 39 Te Waipounamu MB 34 (39 TWP 34) [pdf, 294 KB]

   ...father of the applicants. The applicants allege that Mrs Burns is conflicted. In particular the applicants are concerned about a loan to the trust made by Rangi Marie Karetai, which Mrs Burns effected in her capacity as the holder of the power of attorney for Ms Karetai. They also say that Mrs Burns is not being impartial in her capacity as one of two trustees of Mr Nutira’s estate. [4] Those are the substantive issues. There is also a preliminary issue regarding the standing of...

10. [2018] NZLCDT 22 Auckland Standards Committee 2 v Horsley [pdf, 194 KB]

    ...the two-thirds share. [4] MS disclosed that VG was her great aunt, but did not initially disclose to the practitioner that VG was 92 years old or mention anything about her health and capacity. [5] Neither did she disclose the existence of an enduring power of attorney given by VG to KS, who assisted her with her personal property matters and possibly property matters in which she was involved as a trustee (although such assistance would have been outside the scope of the enduring...