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1. Wellington v Wellington - Estate of Henare Haehae Wellington (2015) 104 Taitokerau MB 156 (104 TTK 156) [pdf, 187 KB]

   ...(“the Act”). Rose relies on a will left by her father dated 17 April 1996. Pursuant to the provisions of that will Rose is the executrix of the estate and is the sole beneficiary of her father’s Māori land interests. The will has not been probated. [2] Rose’s brother, Joseph Wellington, opposes the application. One of the grounds of opposition is Joseph’s claim that the will is not valid. [3] The issue in this case is whether succession orders should be granted witho...

2. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...her daughter JL, the remaining jewellery to her granddaughter CE, and provided for the estate residue to be shared equally among such of her children as survived her.1 [5] Mrs LF died on 10 January 2014. BG, for whom Mr DN acted, applied for probate of her will which was granted on 26 February 2014. [6] Nine and a half months later, on 15 December 2014, Mr DN informed (by letter) Mr LF that he had received funds from Mrs LF’s bank account. He enclosed his “final trust sta...

3. Cooper v Corrections [2019] NZHRRT 23 [pdf, 201 KB]

   ...Cooper was employed as a casual truck driver by Specialised Transport Services Limited (STS). His supervisor at STS was Tusi Tupe. At the time, Mr Cooper was serving sentences of community work and intensive supervision which were supervised by the Probation Service. He was also awaiting sentencing on a charge of driving with excess blood alcohol, in addition to a number of other offences. 1 [This decision is to be cited as Cooper v C...

4. Regulatory Impact Statement: Identifying offenders attempting to unlawfully leave New Zealand [pdf, 109 KB]

   ...as a means for offenders to avoid remaining subject to a sentence or criminal order.1 The offenders who fall within the scope of this analysis are those subject to a sentence or criminal order that involves their management in the community by a probation officer. It excludes prisoners2, unconvicted citizens (including people on bail who have not already been prohibited from leaving New Zealand by the court), patients managed under mental health or intellectual disability legislation (...

5. Increased probate threshold good news for bereaved families

   Families of the deceased will save time and money as a result of changes to probate law and new systems put in place by the Ministry of Justice. Justice Minister Hon Paul Goldsmith announced on 31 July 2025 that Cabinet has approved an increase in the financial threshold at which the High Court needs to approve the distribution of assets when someone dies, from $15,000 to $40,000. The threshold was last set in 2009 before the implementation of KiwiSaver. Most estates now include KiwiSaver balanc...

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6. LCRO 92/2016 ZA v YB (7 January 2019) [pdf, 234 KB]

   ...2015. It is YC (now YB) who has provided the instructions recorded in this letter. The purpose of this letter is to advise you of the late Mr XC’s passing, and to ask you to “freeze” his accounts pending Mrs YB’s application for a grant of probate which will be made after 30 July 2015. [4] On the following day (21 July 2015), Mr ZA sent his Letter of Engagement to Mrs YB. The services to be provided, as recorded in the Letter of Engagement, were: ... legal services in rel...

7. OP v UV LCRO 160/2015 [pdf, 168 KB]

   ...UV, a legal executive, and enquired what she should do. 2 Advice was not immediately forthcoming. Ms UV says “this was a difficult file as estates were not something I did routinely”.1 [5] Ms UV then began the process of obtaining probate of the will on instructions from Mrs OP and her son [XP], as trustees and executors named in the will. Mrs OP mentioned to Ms UV on several occasions that she was having to resort to her personal savings because she had been unable...

8. LCRO 183/2020 DX v SQ (26 February 2021) [pdf, 260 KB]

   ...were “not entitled to see” the [month] 2018 will. [14] Mr MG, Mr NF’s colleague, confirmed (by email) to Ms SQ on [day, month] that Mr DX had provided instructions to apply for validation of the 2018 will, and would not be applying for probate of the 2015 will.2 [15] YX’s and RX’s subsequent application for administration of HX’s estate pursuant to the 2015 will was granted by the High Court which ordered the appointment of an independent executor and trustee. Mr DX...

9. Alcohol and other drug (AOD) clinicians in court - research report [pdf, 1022 KB]

   ...clinician does not have a significant impact because AOD clinicians are referred in only a small proportion of all cases (about 6%). 1.4.12 All participants supported having the AOD clinicians in court Judges, clinicians, defence lawyers and probation officers expressed their support for having the AOD clinician in district courts. They believed that it raised awareness of AOD issues, provided expertise and helped offenders along the path towards rehabilitation. There was also general...

10. [2025] NZLCDT 2 Auckland Standards Committee 1 v Wintour (9 January 2025) [pdf, 193 KB]

    PERMANENT NON-PUBLICATION ORDERS IN PLACE FOR NAMES OF COMPLAINANT, COMPLAINANT’S WIFE, THE PRACTITIONER’S PARTNER, PROPERTY MANAGER, LICENSEE, PERSON FROM WHOM IT IS ALLEGED THE PRACTITIONER OBTAINED PRIVATE MATERIAL AND THE PROBATION OFFICER. AN INTERIM NON-PUBLICATION ORDER IN PLACE FOR THE NAME OF THE PRACTITIONER. SEE PARAGRAPHS [48]-[51] OF THIS DECISION. THESE ORDERS ARE MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006. FROM 7 MAY 2025, THE NON-PUBLICATION ORD...