Search Results

1. DF v WW LCRO 151 / 2010 (23 June 2011) [pdf, 57 KB]

   ...sale of the property and had not proven that she was formally retained in relation to that matter. [3] It was not apparent whether the Applicant also sought to review the part of the Standards Committee decision concerning fees charged for the powers of attorney. However, for the sake of completeness, I have also conducted a review of the Standards Committee’s decision on that matter. [4] The review application focused on conduct issues and I understood that this was intended...

2. LCRO 154/2024 WK v QM (26 June 2025) [pdf, 256 KB]

   ...years of her life. She had acted on the establishment of the Trust and on the preparation of her will. [8] The respondent was the sole director of a sole purpose trustee company that was a trustee of the Trust. She was also the grandmother’s enduring attorney for care and welfare. She was not the father’s executor. [9] Administering the affairs of the grandmother and of the Trust after the father’s death required a great deal of work, which the respondent undertook personally...

3. MOJ0593_JUN22_WEB.pdf [pdf, 67 KB]

   ...relationship. The court can’t make an Order to Administer Property if a property manager has already been appointed; only one person can administer property. The court will not make an Order to Administer Property for a person who has granted someone an enduring power of attorney (EPA) unless it’s not working to protect their best interests or it doesn’t cover a specific decision that’s needed. Applying for the order You can apply for an Order to Administer Property if you’r...

4. HF v SZ LCRO 186 / 2009 (16 January 2012) - Publication Decision [pdf, 62 KB]

   ...of a Standards Committee decision that found him guilty of unsatisfactory conduct, and in addition to imposing a fine, ordered the publication of his name in LawTalk. The matter concerned the Practitioner having taken instructions for a will and enduring powers of attorney from a client whose legal competency was in question. [2] In March 2010 I considered the review application filed by the Practitioner and upheld the Committee’s finding that there had been unsatisfactory condu...

5. MOJ0592_AUG21_WEB.pdf [pdf, 67 KB]

   ...18 years old or older. Personal Orders for 16-year-olds and 17-year-olds can be made if they are, or have been, married or in a civil union or de facto relationship. The Court will not make a Personal Order for a person who has granted someone an enduring power of attorney (EPA) unless it’s not working to protect their best interests or it doesn’t cover a specific decision that’s needed. Who can apply for a Personal Order You can apply if you’re: • a person who can’t fully...

6. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...draft will and Mr OS’s accompanying 8 November 2016 letter to Mrs C when visiting Mrs C at [Sunny]. [9] A week later on 27 March 2017, Mr OS wrote to Mrs C. He referred to his telephone conversation with Mr T and confirmed that a new property enduring power of attorney in favour of two partners in the firm was in place. He informed Mrs C that Mrs HR was [Mr C’s] personal care and welfare attorney, and that Mr AH, Mrs HR and Mr T were named as executors in her will. [10] He...

7. Wellington Standards Committee 2 v Collins [2022] NZLCDT 22 (30 June 2022) [pdf, 170 KB]

   ...estate was granted to the other spouse or, in the event of predeceasing that spouse, to the three children in equal shares. In other words, the children and stepchildren were treated equally by the couple. [8] At the same time, Mrs W created two Enduring Powers of Attorney (EPOA), one appointing her husband as a care and welfare guardian with her stepdaughter as an alternate and another. The other EPOA appointed her husband as attorney for property matters with her stepson and ano...

8. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...review. The events to which they relate occurred in late 2014 and throughout 2015. Background [5] Mr and Mrs A were the parents of five adult children, including Ms LA. [6] Both had executed wills in 2010. [7] At the same time Mrs A, under enduring powers of attorney, appointed Ms LA as her attorney as to both property and welfare.1 [8] By late 2014 Mrs A had capacity issues. Ongoing residence in a specialised care unit was anticipated. [9] On 7 October 2014, Mr and Mrs A an...

9. Proactive release - Immediate modification orders for justice-related legislation under the Epidemic Preparedness Act 2006

10. 2020-12-07 Statement of evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix H [pdf, 197 KB]

    ...unreasonably impede its capacity to provide redress for proven grievances. d. The Crown must actively protect Māori interests. 3. Section 8 of the RMA requires local authorities to “take into account” the principles of the Treaty when exercising powers and functions under the RMA in relation to the use, development and protection of natural and physical resources. The obligation to “take into account” is a requirement to weigh the principles of the Treaty with all other matte...