Search Results

1. LCRO 98/2019 EL v SV, DV & JV (31 March 2021) [pdf, 510 KB]

   ...the [Area] Standards Committee [X]. For ease of reference throughout this decision I will simply refer to "the Committee" when setting out the procedural and other relevant background. 2 Background [2] Mr OM died on 14 March 2013. Probate of his will was granted on 19 July 2013. [3] The sole surviving executor and trustee of Mr OM’s will was Mr EL. [4] At his death, Mr OM had been living in a de facto relationship with Mrs PE. The two had been partners for almost...

2. [2018] NZEmpC 93 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 360 KB]

   ...position should not be admitted having regard to the Court’s equity and good conscience jurisdiction, under s 189 of the Act, perhaps by having regard to s 8 of the Evidence Act 2006 (EA) which provides that a judge must exclude evidence if its probative value is outweighed by the risk the evidence would have an unfairly prejudicial effect on the proceeding. [53] Mr Upton, counsel for the plaintiff, argued from the premise that s 50F(1) provided a limited admissibility prohibitio...

3. OIA-101731.pdf [pdf, 12 MB]

   ...issues with delays in receiving written opposition to bail, the shortcomings of initial disclosure for the purpose of entering plea, the difficulty of accessing the prosecution on the day for charge discussions and the lack of access to stand-down probation reports all make it impractical for duty lawyers to productively assist and represent defendants with many types of matters. Duty lawyers also have concerns about endangering the best interests of defendants if a fully informed p...

4. Regulatory Impact Statement Crimes Act Part 8 Offences Against the Person 1961 Amendment Bill [pdf, 85 KB]

   ...inform these assumptions, we consider any impact on either the prison numbers or home detention would not be significant. 4 Costings for the prison service are based on the additional numbers of beds. We have calculated costings for the probation service based on two components. Where additional prosecutions occur, there will be a need for probation reports; We have also allowed for a small number (about 20) of additional community sentences being imposed as a result...

5. CAC 10043 v Brooker [2011] NZREADT 24 [pdf, 91 KB]

   ...Disciplinary Tribunal is a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury)”. [4] Section 8 of the Evidence Act provides: “(1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will— (a) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding…..” Thus in summary, s 109 allows the Tribunal to receiv...

6. BORA Enhancing Identity Verification and Border Processes Legislation Bill [pdf, 186 KB]

   ...community detention, home detention, and for the period post-home detention in which standard conditions apply. 33. The further conditions are: (a) the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer; and (b) must, if the probation officer directs, submit to the collection of biometric information. 34. These conditions were recommended by the Inquiry.19 (3) Everyone has the right to leave New Zealand. The c...

7. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 44 KB]

   ...cost of the re-clad for his negligence as a builder. The fourth respondents, Mr Ryan and Mr Ferris, company directors and cladding installers. Regarding the liability of Mr Ryan, the Tribunal concluded that there was insufficient reliable and probative evidence on the critical evidence of what he did or did not do in relation to the defective installation of the cladding system to support a finding that Mr Ryan owed the claimant a duty of care. However, the Tribunal did accept the all...

8. Evaluation of Manukau Family Violence Court [pdf, 767 KB]

   ...Increasing the safety of victims during the Family Violence Court process 72 5.2.5 Managing case numbers 73 5.2.6 Improving defendants’ understanding of Family Violence Court 74 5.2.7 Communication with non-government agencies 74 5.2.8 Community Probation Service order breaches back to Family Violence Court 76 5.2.9 Training 76 5.2.10 Data collection 76 References 78 Appendix 1 Interview schedule and information sheet 80 Appendix 2 Methodology: Outcome and sentencing analysis...

9. LCRO 176/2016+193/2016 RQ and TS v VU [pdf, 220 KB]

   ...these events and documents was that the complainants and their sisters were disinherited from their father’s share in the property. Their brother had previously disavowed his potential interest in the property. [20] Mrs XW died on 13 July 2015. Probate of Mrs XW’s will was granted to Mr VU on 10 August 2015. [21] The complainants were living overseas at the time and learned of Mrs XW’s death when Mrs RQ’s son sent her an email from Mr VU, dated 28 July 2015, to which wa...

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

    ...proceedings to have herself appointed welfare guardian in place of Mr X. [7] Mrs X died. Mr X became sole owner of their home by survivorship. The home was their principal asset. [8] Mrs X had a will under which she gave all her property to Mr X. Probate of the will was not sought. [9] Notice of claim was lodged against the title to the home asserting that Mrs X’s estate had a relationship property interest in it. Mr X wanted to sell the home to move into a retirement villa...