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1. Martin - Estate of Robin Martin (2019) 203 Taitokerau 98 (203 TTK 98) [pdf, 250 KB]

   ...Dwayne Martin; Alana Martin; Cyvanya Martin; Aaron Pierce and one whāngai: James Wilson. He was married to Marie Martin at the time of his death, who seeks to receive a life interest. [3] The deceased left a will dated 14 August 2002, however probate was not sought. The will is hand written and was witnessed by his wife, Marie, and his daughter Alana. This will revokes a previous will dated 10 November 1969, prepared by Rice, Rice and Craig Solicitors. [4] The issu...

2. Conducting Proceedings with interpreters factsheet [pdf, 117 KB]

   ...judicial officer may consider whether an interpreter is required for additional duties such as interpreting: • the outcome of the proceedings, including any orders made or bail conditions • for the defendant to facilitate communication with probation, health officials and report writers for any pre-sentencing reports • any future events or that they are dismissed from future events. The interpreter’s timesheet will need to be signed off once the hearing has finished. Th...

3. FD Ltd v UD [2023] NZDT 121 (3 March 2023) [pdf, 100 KB]

   ...District Court [2023] NZDT 121 APPLICANT FD Ltd RESPONDENT UD The Tribunal orders: UD is to pay the sum of $3,720.00 to FD Ltd on or before Thursday 23 March 2023. Reasons: 1. On 12 September 2022, UD, who was a prisoner on probation, signed an Agreement for Services to work as an independent contractor for FD Ltd for a period of two years. He needed a work car, and on 6 November 2022, he signed a Used Car Sales Agreement to purchase a [Car] from FD Ltd for $4,500.0...

4. Deputy Registrar - Ohawini A6 (2011) 21 Taitokerau MB 172 (21 TTK 172) [pdf, 187 KB]

   ...Hema Matiu had partially succeeded to the interests of at least two of the original owners of Ohawini A. [16] Hema Matiu (also known as Wiremu Matiu and Jim Matthews) died at Toetoe, Whangarei on or about 23 August 1933. He left a will which was probated on 8 January 1934. Under his will he left all his money to his widow and his land to his only child, his son, Haora Areka Hema. According to the evidence given in Court on 23 May 1934 7 , Haora Areka Hema was the son of Hema Mati...

5. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

   ...Background [6] Mr Rex Shrewsbury died on 10 April 2008. By his will of 12 November 2007 he appointed Alison and Mr Rothesay as executors and trustees. Alison elected to refuse appointment and in the event Mr Rothesay appointed as sole executor by probate which was granted on 28 April 2008. [7] On 21 April 2008 Allan wrote to Mr Rothesay and in that letter he raised issues as to whether the deceased had been competent to execute the will and suggested that undue influence had been...

6. Tere - Kinohaku West TT1 [2021] Chief Judge's MB 574 (2021 CJ 574) [pdf, 362 KB]

   ...Clause 9 states “I GIVE AND DEVISE all the remainder of my freehold interests in Māori Land unto the said HEREWINI GRAEME JOHN TERE, the said MARINO NEWMAN and RIRIA HUMBERSTONE as tenants in common in equal shares.” This Will was probated at P387/94 on 27 May 1994. There was no provision in this Will leaving any Māori Freehold land to Ketetahi Tuke Tere (the applicant’s father). Succession applications to the applicant’s father l) Paati Tuke Tere also k...

7. Sneddon - Estate of Thomas Henry Dick [2018] Chief Judge's MB 858 (2018 CJ 858) [pdf, 451 KB]

   ...applicant’s attempts through his family members to access a will of the deceased have not been successful. I consider that the Registrar can undertake the required research to clarify whether there was a will of the deceased that received a grant of probate. Was an error of law or fact made by the Māori Land Court when it made the succession order recorded at 1 AT(S) MB 17 on 23 November 1985? [27] I consider an error was made when the succession order relating to the estate o...

8. Proactive-Release-Expanding-the-Jurisdiction-of-Community-Magistrates.pdf [pdf, 335 KB]

   ...3 offences have a maximum penalty of two years or more in prison. 4 Case review is a pre-trial process used to determine if a case can be resolved without a full trial, especially for more serious offences. 5 Pre-sentencing reports are prepared by probation officers and assist judges to make a fully informed decision about which sentence a person should receive and what support they need. COLLINS Cross-Out COLLINS Cross-Out I N C O N F I D E N C E 3 I N C O N F I D E N C E 1f2l...

9. Criminal fixed fee schedules 2017 [pdf, 883 KB]

   ...to Grant is required. *1 Applications and variations (hearing time) – this fee is available where there are either written or verbal applications/variations. & Written expert witness / reports - not including non-expert reports (eg probation reports) or oral reports. *^ Section 38 Forensic reports – two s38 reports are required by legislation. A fee for each of those reports can be claimed. An Amendment to Grant is required for claims for any subsequent s38 reports....

10. Criminal Fixed Fee schedules 2017 [pdf, 737 KB]

    ...Amendment to Grant is required. *1 Applications and variations (hearing time) – this fee is available where there are either written or verbal applications/variations. & Written expert witness / reports - not including non-expert reports (eg probation reports) or oral reports. *^ Section 38 Forensic reports – two s38 reports are required by legislation. A fee for each of those reports can be claimed. An Amendment to Grant is required for claims for any subsequent s38 re...