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1. Chowdhury v Standing [2012] NZIACDT 57 (30 August 2012) [pdf, 133 KB]

   ...to account for client funds. [31.3] The approach this Tribunal will take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [31.4] At that point, subject to further submissions, the Tribunal considered...

2. LCRO 107/2021 NG v WF and OE (29 September 2021) [pdf, 176 KB]

   ...Ms TP, a long-standing friend of the late Mrs NG. [6] Mr WF is a partner in the law firm [Law firm X]. That law firm is acting in the administration of the late Mrs NG’s estate. [7] On 29 June 2020, [B] lodged a caveat challenging a grant of probate to his late mother’s will. [8] A hearing as to that caveat was scheduled for 22 March 2021, in the High Court at Auckland. [9] On 6 November 2020 [B]’s lawyers emailed a settlement proposal to Mr WF (the settlement proposal),...

3. Courts’ modernisation making a difference

   ...service centres in some of our major courts.” Jacquelyn also highlighted some of the results that have been achieved, for example: Processing times for divorce applications have been reduced to 24 hours rather than 6 weeks The time it takes to finalise probates has more than halved from 31 days to 15 days She said the Ministry will keep working with its partners to continue to modernise our justice system, as more needed to be done to ensure those coming into our system are dealt with in an...

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4. 2.3 High Court

   ...can deal with any civil case but usually limits itself to cases where more than $200,000 is initiated in the High Court. The court also deals with all the country’s insolvency proceedings (bankruptcy and company liquidation), administers and grants probates, handles appeals from the District Court (and various tribunals) and conducts judicial reviews. It also deals with a range of other miscellaneous applications such as admiralty, ratings sales and habeas corpus applications. In summary, the...

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5. Rowe & Ors v CAC306 & Ors [2015] NZREADT 82 [pdf, 111 KB]

   ...employed by Affiliated Business Consultants Limited. Ms Rowe holds a salespersons licence and Mr Lowe an agent’s licence. 2 [2] The events in question took place in November 2013 – February 2014. At this time Ms Rowe was in her probationary period as a licensee with her probation due to finish on 13 April 2014. Mr Lowe was her supervisor. [3] The matter comes before the Tribunal by way of an appeal. The appellants appeal against the decision of the Real Estate...

6. JB v RW LCRO 87 / 2011 (1 February 2012) [pdf, 92 KB]

   ...assets had for the large part been transferred, by the will, to the M Trust and what remained were jewellery, shares and some personal effects. The will had appointed the Applicant and S as joint executors. It appears that S refused to sign the probate application and the parties both referred to her lack of co-operation in 4 administrating the estate. There is abundant evidence that the sisters could not agree on almost any matter. [13] The Practitioner acknowledged t...

7. Matchitt - Frank Hata Estate [2016] Chief Judge's MB 860 (2016 CJ 860) [pdf, 98 KB]

   ...interests be vested in his siblings with substitution for issue. The final order did not refer to substitution for issue and the interests were vested in Hubert Matchitt. 2016 Chief Judge’s MB 862 3. Hubert died testate on 11 September 1977, probate was granted, and Harata Poiwa Matchitt was appointed as executrix on 25 November 1977.1 Hubert’s interests were succeeded to at 192 Rotorua MB 166-167 (24 May 1979) where the lands were vested in his children as per his Will....

8. GH v CY LCRO 265/2016 [pdf, 182 KB]

   ...$500,000 before Mrs GH went to live with N. He says that from then on N was the only person who operated his mother’s bank accounts and there was virtually nothing at the time of her death. [7] Mr GH lodged a caveat to prevent the issue of probate and the court ordered probate to be applied for in solemn form. Mr GH advises that litigation concerning the validity of the will has ensued and has yet to run its course. Mr GH’s complaints [8] Mr GH made four complaints about...

9. [2019] NZSSAA 40 (21 May 2019) [pdf, 189 KB]

   ...Development more information that it requested. However, the Ministry of Social Development could have asked for that information. [16] We must apply the rule in s 8 of the Evidence Act 2006.3 It requires that the Authority exclude evidence if its probative value is outweighed by the risk the evidence will have an unfairly prejudicial effect on the proceeding. This case lies far from the threshold for that to apply. If XXXX received income in his bank account, he was obliged to dis...

10. Nga Kupu Maori mo te Kooti Whenua Maori me te Ropu Whakamana i te Tiriti o Waitangi [pdf, 24 MB]

    ...principle of mutual benefit te mātāpono o te whai hua kotahi principle of consultation te mātāpono o te whiriwhiri kōrero principle of mutual respect te mātāpono o te whakaaro nui tētahi ki tētahi privileged (documents) tuhinga matatapu probate whakamana wira procedure tukanga proceedings whakahaerenga ā-ture process hātepe profitability whai hua proper purpose aronga e tika ana property rawa proportion ōwehenga proposed/suggested template tauira marohi prosecute (...