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1. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...Court and were present in the public gallery because they were concerned by Mr Bellamy’s actions which they did not support. [12] During the hearing, Mr Tomlins joined by audio visual link from Perth. He was present along with his current enduring power of attorney holder, a Thomas Stone. Mr 90 Tākitimu MB 59 Stone also submitted that Mr Tomlins had told him he did not know what he was doing when he signed the application presented to him by Mr Bellamy. Ngā kōre...

2. How administering property works

   ...civil union or de facto relationship. The court can’t make an Order to Administer Property if a property manager has already been appointed. Only 1 person can administer property. The court will not make an 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 does not cover a specific decision that’s needed. An Order to Administer Property cannot be made if there is a Property Manager Order in place. P...

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   1. Family >
   2. Powers to make decisions for others >
   3. Help to look after property

3. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

   ...of falls into three categories. The first relates to conflicts of interest, both between clients and between Mr Johnston and his clients. The second relates to his management of the affairs of a deceased client during her life acting under her power of attorney granted to him, and his actions following her death as a trustee and executor of her estate. The third area relates to Mr Johnston’s 3 conduct whilst being investigated in terms of his correspondence with the Stand...

4. LCRO 235/2014 SV v BG and HD (18 July 2017) [pdf, 154 KB]

   ...her to 3 take imprudent steps and make a will in which she did not leave everything she owned to them. [10] Mrs BG and Mrs HD contend that Mr SV’s conduct was inconsistent with his obligations both as a lawyer and in the exercise of a power of attorney over property Mrs JB had made in favour of Mr SV and Mrs BG. Standards Committee decision [11] In summary, the Committee considered: (a) There was sufficient evidence to confirm a general deterioration in Mrs JB’s over...

5. Ngati Porou Deed to Amend the Deed of Agreement 9 Aug 2017 [pdf, 8.8 MB]

   NGA HAPO O NGATI PORGU and HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND DEED TO AMEND DEED OF AGREEMENT "r DEED TO AMEND THE DEED OF AGREEMENT DEED TO AMEND THE DEED OF AGREEMENT THIS DEED is made on the ^ ^ day of 2017 BETWEEN NGA HAPO O NGATI POROU AND HER MAJESTY THE QUEEN IN RIGHT OF NEW ZEALAND DEED TO AMEND THE DEED OF AGREEMENT Background General A. On 31 October 2008 Nga Hapu o Ngati Porou and Her Majesty the Queen in Right of New Zealand ("the parties&

6. How a Personal Order works

   ...are 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 does not 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 make deci...

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   1. Family >
   2. Powers to make decisions for others >
   3. Personal Orders

7. 21 July 2014 Legal Aid News [pdf, 345 KB]

   ...means applications for aid will now be assessed on the applicant’s finances, rather than the subject person's - unless there is a representative. Representatives will recognised where they have been appointed by the Court or there is an enduring Power of Attorney. A table summarising who will be the applicant for legal aid and whose resources will be assessed for purposes of determining eligibility for aid can be found here. http://www.justice.govt.nz/services/informat...

8. Hikaiti-Molloy v Hall - Succession to Timi Kaukau [2025] Chief Judge's MB 92 (2025 CJ 92) [pdf, 288 KB]

   ...this application could go to hearing. Both Ariana Hikaiti-Molloy (referred to Ariana) and Edwin Vaikai Kainuku Hikaiti (referred to Edwin (siblings) are niece/nephew to Matilda and ask to appear as applicants. Both Ariana and Edwin were appointed Enduring Power of Attorney to Matilda when she was alive. 3. Matilda claimed the orders are incorrect due to a mistake, error in the presentation of facts of the case presented to the Court. She claimed there were three unions to the dece...

9. BORA - Adoption Amendment Bill [pdf, 1.1 MB]

   ...a date appointed by the Governor- General by Order in Council or 1 July 2027, whichever is earlier. s 6(a), (b)(i) 3 8773134_3 9. The Government’s stated intention is that this temporary pause will enable officials the time to develop an enduring solution to the child safety and other issues which have arisen in relation to overseas adoptions. Consistency with the New Zealand Bill of Rights Act 1990 10. Whether the Bill appears consistent with the NZBORA depends on two questi...

10. Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]

    ...for herself and her husband but that the respondent took it upon herself to: (a) Create a trust which was called the M Trust (the Trust). (b) Transfer to the Trust the main asset owned by J and B which was their home at M Avenue. (c) Prepare enduring powers of attorney as to property and welfare appointing C, the daughter of B, as attorney. [5] The allegation is that these steps were taken in order to benefit C to the exclusion of B and J for the reason that, as the likely sole...