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1. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

   ...been transferred to the defendant. 10. The defendant provided disability support services to Mr B from August 2005 to August 2008. Throughout this time Mrs Z acted as, and was widely known as, the agent for Mr B’s care. Mrs Z had been appointed Enduring Power of Attorney for Mr B over varying periods of time. She asserted she was acting under the Enduring Power of Attorney, despite Mr B remaining 6 competent. She was also listed by a Needs Assessment and Service Coordinati...

2. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...omission 10. The applicant has provided the following documents in support of his application: a) A certified copy of his Birth Certificate showing him to be a child of Valerie Mae Karetai and Te Ruahikihiki Karetai; b) A photocopy of the Enduring Power of Attorney dated 10 December 2012 where the applicant gives authority appointing his daughter, Mawera Gina Marie Karetai, as his enduring power of attorney; c) Copy of the minute and orders complained of; and 11. The Cour...

3. Hettig v ANZ Bank of New Zealand Ltd - Lot 1 Deposited Plan 158328, CT NA95A/121 (2014) 93 Taitokerau MB 238 (93 TTK 238) [pdf, 220 KB]

   ...application on the basis that firstly, the property was owned by the Kaiawhina Trust (“the Trust”) of which Mr Hettig is a beneficiary and secondly, that he represents Ms Ruwhiu, the registered proprietor of the property, by way of Enduring Power of Attorney. Mr Hettig later argued that he had also been appointed as an additional trustee of the Trust. Is the property Trust property? [12] Mr Crossland argued that the title to the property was in the name of Ms Ruwhiu and that t...

4. What a property manager does

   ...The court can consider whether a person has come under too much influence in the management of their property when it makes a property order. There’s no need to apply if someone has been appointed to manage someone’s property and assets under an enduring power of attorney (EPA). How a property manager can protect someone When a property manager is appointed, no one can, without the court's permission: bring or continue court proceedings (apart from proceedings under the Protection of Perso...

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

5. Waikato Bay of Plenty Standards Committee 1 van Noort [2024] NZLCDT 33 (17 October 2024) [pdf, 176 KB]

   ...said “think we’ll be okay looking after it ourselves”.29 This email effectively served to terminate the Practitioner’s retainer.30 1 TGK Family Trust 10 September 2010 (Tab 1). 10 2 Letter from [redacted] 14 June 2011 (Tab 2); Enduring Power of Attorney 13 May 2011; Enduring Power of Attorney Property 13 May 2011 (Tabs 2.1 and 2.2). 3 Trust Document “Dad’s Figures” undated (Tab 3). 4 Agreement for Sale and Purchase 1/25 O Road, B 7 August 2017 (Tab 4). 5...

6. Fair Pay Agreements Bill [pdf, 268 KB]

   ...person is liable to a penalty who, without lawful excuse, refuses to permit a union representative to enter a workplace, obstructs entry to the workplace, or wilfully fails to comply with conditions relating to access.22 39. The Bill also gives new powers to Labour Inspectors.23 For the purpose of determining whether an employee is covered by a FPA, a Labour Inspector has the power to enter, at any reasonable hour, any premises where any person is employed or where the Labour Inspe...

7. Law Commissioner Position Description [docx, 28 KB]

   ...Zealand society 1. Shall have regard to the desirability of simplifying the expression and content of the law, as far as that is practicable. The Commission must act independently in performing its statutory functions and duties, and exercising its powers, unless otherwise expressly provided for. Under section 7 of the Act the Commission must submit a work programme to the Minister at least once a year. The Minister may at any time request the Commission to review any aspect of the law of...

8. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...the administration of the Estate, and Probate of the will was obtained on 22 December 2008. [4] The residuary beneficiary of the will was FJ’s wife (FL) who suffered from Alzheimer’s disease and dementia. FL had appointed FK her property attorney by an Enduring Power of Attorney dated 23 February 2005. [5] Early in 2009, UY became aware of the significant acrimony between FI and FK and their respective husbands, following receipt of a letter written by FI’s husband to F...

9. LCRO 116/2017 GC v KM (31 May 2018) [pdf, 420 KB]

   ...unsatisfactory conduct against him concerning his conduct when he acted for Ms KM. [2] Ms KM’s intention was to move to a retirement village. To that end, the legal services provided by the firm to Ms KM included the proposed sale of her apartment, enduring powers of attorney (EPA’s), and a proposed will. Ms KM’s complaint largely concerned the scope of the legal work, timeliness, communication issues, and as a consequence, the level of Mr GC’s fees. [3] In August 2016...

10. HK v YS LCRO 64/2012 (17 February 2015) [pdf, 79 KB]

    ...appropriate forum in which to determine that question. [35] In his affidavit in reply sworn on 23 July 2012, Mr YS avers that he did not act for Mrs RV with respect to her will (that was Mr ET), but only acted for her in relation to the enduring power of attorney (EPOA) in May 2000. It was that instrument that enabled Mr HK to act as her attorney over personal care and welfare. [36] Mr HK has referred to correspondence Mr ET sent to Mr YS inviting comment on the terms of Mr...