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1. LCRO 29/2019 HM v PL (22 October 2020) [pdf, 189 KB]

   ...discovery.”13 8. Mr HM “failed to undertake even the elementary steps of preliminary estate administration14” which she considered, fell “below the standard of a reasonably competent lawyer”. 9. Mr HM did not prepare the application for Probate. He was insisting on receiving the certificate confirming her mother’s death which, Ms PL says, was not necessary to apply for Probate. 10. Mr HM did not prepare a statement of assets and liabilities of the estate although, M...

2. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

   ...drawn from R v Boardman 23 and R v Hsi En Feng. 24 In Boardman, Lord Wilberforce said: 25 The basic principle must be that the admission of similar fact evidence (of the kind now in question) is exceptional and requires a strong degree of probative force. This probative force is derived, if at all, from the circumstance that the facts testified to by the several witnesses bear to each other such a striking similarity that they must, when judged by experience and common sen...

3. [2022] NZEmpC 131 Farrand Orchards Ltd v Tane [pdf, 342 KB]

   ...signed individual employment agreement (IEA) expressed these as follows: 3.1 The Employer and the Employee are entering into a permanent agreement for a fixed period. This period shall start on: 1-4-19 and shall end on 31-3-20 3.2 Probation A probation period will apply for the first 90 days of employment to assess and confirm suitability for the position. The employer will provide guidance, feedback and any necessary support to the employee. Both parties will p...

4. LA - Part 2 - Areas of Law Duty Lawyer [pdf, 548 KB]

   ...Duty lawyer PArt 2 MOJ0052.2-June13_AreAs of lAw – Duty lAwyer Page 2 / 4 opposed bail application case details name or initials of defendant Date D D / M M / Y Y Y Y Judge Defence team charges opposed by: Police/Crown Probation services Other. Describe: trial/hearing case details name or initials of defendant Date D D / M M / Y Y Y Y Judge Defence team charges examine witness/es or lead evidence Yes. number of witnesses you examined:  �...

5. [2014] NZEmpC 141 Hally Labels Ltd v Powell oral judgment [pdf, 72 KB]

   ...proceeding. (3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding. 8 General exclusion (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. (2) In determining whether the probative value of evidenc...

6. How restorative justice works

   ...conference? You will be asked to include family/whānau or friends to support you at the conference. Support people get a chance to speak at the conference. The facilitator may ask if you agree to other people attending the conference, such as police or a probation officer, your lawyer, or a community representative. The facilitator will ask if you need an interpreter or any other specialist support person to come to the conference. Your cultural needs will be considered Your cultural needs, an...

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   3. Charged with a crime

7. Hewitt v Standing [2012] NZIACDT 50 (30 August 2012) [pdf, 126 KB]

   ...this Tribunal would take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features where fees were paid and service is not delivered, may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [24.4] In the present case, the period during which Mr Standing failed to...

8. Evidence Brief: Mental Health Courts [pdf, 255 KB]

   ...services including medications, counselling, substance abuse treatment, financial benefits, housing, crisis intervention, peer supports, and case management • community supervision which may be the responsibility of treatment providers, probation officers, mental health court personnel, or other criminal justice agencies • progress is monitored through regular status hearings by a judge who may use a range of sanctions and incentives to encourage programme completion...

9. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...excluded from her mother’s will. [5] Mr FT acted for Ms UI in advancing a claim against the estate under the Family Protection Act 1955. [6] The assets of Mrs SV’s estate included a residential property (the property). [7] Mr SV was granted probate on 2 August 2019. [8] The property was transferred to Mr SV as executor on 23 August 2018. [9] On receiving instructions from Ms UI, Mr FT endeavoured to obtain, from Mr SV’s then solicitors, a copy of the probate and a copy of...

10. Hawira v Pomana - Succession to Te Au Pomana [2024] Chief Judge's MB 2004 (2024 CJ 2004) [pdf, 401 KB]

    ...or be born after my death and who attains the age of twentyone years such issue shall take and if more than one in equal shares the share that his her or their parent would have taken had he or she survived me. 6. The will was allowed (granted) probate on 20 February 1974 at the High Court at Whangārei. The administration of the estate was granted to Pere Pomana.2 7. On 2 July 1981, Pere Pomana filed the following applications with the Māori Land Court for orders pursuant to the M...