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1. 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...

2. Auckland Standards Committee 5 v Ellis [2018] NZLCDT 24 [pdf, 558 KB]

   ...cannot be transferred to your name? That would be far easier. In any event, you cannot get away from the point we have previously made, namely that to get the Australian shares transferred to whoever they are to be transferred to you need to get Probate for Ms A. My advice is simple but firm. Get the Probate from Israel. Decide who is to hold the shares – you or someone on your behalf as trustee and then finalize the outstanding matters. The longer it takes, the more messy and dif...

3. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...and timely manner; and (i) Mr HM had primary responsibility for reporting to the beneficiaries; and (j) request of beneficiaries to sign a deed of interim distribution was not uncommon in circumstances where distribution within six months of probate was being proposed. Application for review [25] Ms BK filed an application for review on 2 March 2021. [26] In significant part, Ms BK’s application reiterates the concerns she had raised in advancing her initial complaint. [27]...

4. Justice Sector Criminal justice forecast 2009 to 2017 [pdf, 360 KB]

   ...Introduction This paper sets out the forecast of the prison population for 2009–2017 and the forecast of non-custodial sentences and orders for 2009–2013. The non-custodial sentences and orders included are those overseen by the Community Probation and Psychological Services (CPPS). Both Prison Services and CPPS are part of the Department of Corrections. The forecast also includes the number of pre- sentence reports provided to courts by probation officers for 2009–2013. The fo...

5. LCRO 004/2016 VN v VN (27 July 2017) [pdf, 134 KB]

   ...Ms and Mr VN were at odds from time to time over estate administration and the operation of the trusts. [6] Mr VN received independent legal advice from Mr NT. [7] On instructions from the trustees and executors, Ms VN’s firm had obtained probate and handled funds on behalf of the trust. Ms VN’s firm received funds into its trust account, held those funds and paid money out with authority from the trustees. Ms DH signed a deed of retirement as a trustee, but the titles to l...

6. Hammond v Credit Union Baywide (Admissability of Opinion Evidence) [2014] NZHRRT 57 [pdf, 54 KB]

   ...baked (and iced) by Ms Hammond to the validity of Mr Cowan’s views and actions which led to the resignation of Mr McAuley from NZCU Baywide. In this respect we are guided by s 8 of the Evidence Act which requires the exclusion of evidence where its probative value is outweighed by the risk it will have an unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding: 8 General exclusion (1) In any proceeding, the Judge must exclude evidence if its probative v...

7. Smallman - Te Rangi Kaiamokura [2019] Chief Judge's MB 66 (2019 CJ 66) [pdf, 207 KB]

   ...his application copies of the following documents: (a) Affidavit of due execution for Kohatu Waihakeke also known as Waihakeke Rewha or Ngāmotu; (b) The Will of Kohatu Waihakeke also known as Waihakeke Rewha or Ngāmotu dated 26 March 1959 and probate dated 1 February 1963; (c) The application for probate of Kohatu Waihakeke also known as Waihakeke Rewha or Ngāmotu; (d) Minutes dated 6 July 1962 at 126 Wanganui MB 168-169 relating to Kohatu Waihakeke also known as Waihakeke Re...

8. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...his will through Mr DL’s law firm. The amendments added his other children as beneficiaries, and replaced Mrs GS with one of his sons as the trustee and executor. Mr DL was not involved in that legal work. [17] Mr Y passed away in May 2013. Probate to administer his estate was granted on 25 June 2013. [18] As she had done with Mrs Y’s estate some years earlier, Mrs B began the process of administering Mr Y’s estate. [19] In August 2013, Mrs GS made enquiries of Mrs B abou...

9. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...Workers and Related Trades Union Inc (the union) to the Employment Relations Authority’s determination1 that it is lawful for AFFCO New Zealand Limited (AFFCO) to engage new employees on terms and conditions of employment that include trial or probationary periods. The Authority found against the union’s argument that such provisions were inconsistent with the relevant collective agreement and so are unlawful and invalid. This is not a case about the new legislative provisions...

10. Yerbury-Wilson v Standing [2012] NZIACDT 51 (30 August 2012) [pdf, 137 KB]

    ...Tribunal would take was that it would not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features where fees have been procured by a misrepresentation may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [25.4] At that point, subject to further submissions, the Tribunal consider...