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1. Yuile v Smith - Tuahu 6 (2022) 112 Tairawhiti MB 20 (112 TRW 20) [pdf, 320 KB]

   ...share in that block.2 [6] Ira Smith passed away on 16 May 1990. Relevantly, her will left “Tuahu No. 1A2B Block lying between the Ruakituri Road and the Ruakituri River” to the applicant and Ella McLean as tenants in common in equal shares. Probate was granted on 19 December 1990, with Brian Yuile and Murray Renner appointed as executors. They applied per s 81A of the Māori Affairs Amendment Act 1967 for Ira Smith’s Māori land interests to be vested in them as executors....

2. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...committee can take into account any evidence, regardless of whether the evidence would be admissible in a court, but the applicant and Mr LB should take note that something Mr LB says about what the applicant says, thinks or feels is inherently less probative than what the applicant herself has to say. [31] This is particularly so where, as here, Mr LB has given evidence about what the applicant felt or thought ten months before Mr LB first heard about the matter. Mr LB also says that...

3. Glossary

   ...The defendant can plead guilty or not guilty. practice note Guidelines issued by courts for the procedures that must be followed in court – for example, the time limits for filing evidence with the court. pre-sentence report A report prepared by a probation officer in a criminal case to assist a judge deciding upon the appropriate sentence. prima facie evidence Evidence used to establish a prima facie case against a criminal defendant – that is, sufficient evidence to justify the defenda...

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4. Evaluation of Family Safety Teams pilot: stage 1 [pdf, 3 MB]

   ...what happens to families up to 12 months after a court discharge has been made, with the intention of conveying findings on further police call outs to Courts. • The team has identified issues regarding information sharing with Courts and with Probation (e.g. reluctance to share due to perceived breaches of privacy laws) and have been waiting for information sharing training from Wellington. For further progress to be made, national policy and best practice guidelines on information s...

5. Recommendations recap - issue 6 [pdf, 1.4 MB]

   Recommendations recap A summary of coronial recommendations and comments made between 1 April–30 June 2013 Issue 6 Published by the Ministry of Justice ISSN 2253‑5152 DISCLAIMER This publication has been produced by the research counsel of the Office of the Chief Coroner. The best effort has been made to accurately summarise the circumstances, findings and recommendations made by the coroner in each case – despite this, these are not exact replications of coronial findings. T

6. [2011] NZEmpC 8 Service v YMCA Christchurch [pdf, 243 KB]

   ...have stopped the course. Ms Service’s evidence was that she told Ms Ward that the class could not return to the venue until she, Ms Service, had completed certain risk management steps. [16] Ms Service then proceeded to contact Mr Smith’s probation officer and she was told by him that it “was fine” for students to visit the premises. She also had Mr Smith sign a Memorandum of Understanding that he would act appropriately around the students. She met with Mr Tai and str...

7. 2017 NZSSAA 020 (5 May 2017) [pdf, 330 KB]

   ...application failed on the conventional grounds, as there was no evidence that SIH was uncooperative, he plausibly lacked recall given his substance abuse, and treatment he was undergoing. However, the Authority given its wide discretion to hear probative evidence did allow some leading questions and cross-examination. [30] Counsel for the Ministry elected to ask SIH: … do you recall saying “Mums lawyer contacted me to try to get me to lie in Court” and words to the effect tha...

8. 20240930-Sentencing-Reform-Proactive-Release-2nd-Tranche_FINAL.pdf [pdf, 8.7 MB]

   ...confidence. Under the current regime, the court is Where the court orders an offender to attend a unable to issue a warrant for arrest when the offender fails to appear for hearing unless the judicial monitoring hearing, and the offender fails to probation officer charges the offender due to a gap appear, this change will enable the court to compel in the legislation. the offender to comply with the judicial monitoring condition without the probation officer having to The judge may order...

9. [2015] NZSSAA 60 (26 August 2015) [pdf, 31 KB]

   ...asset limit for Temporary Additional Support is very low. Temporary Additional Support is intended as hardship assistance for persons having difficulty in making ends meet. It is for the appellant to persuade the Authority with evidence of some probative value that his cash assets are less than the amount specified in the Regulations. Independent evidence of the value can be provided in a variety of ways as discussed with the appellant at the hearing. [21] The Regulations do provide...

10. Williamson v Hutana - Estate of Te Whe Ariki Hutana nee Karaitiana (2019) 57 Te Waipounamu MB 90 (57 TWP 90) [pdf, 269 KB]

    ...should be granted to appeal the preliminary decision. [4] On 2 July 2019, I directed the parties to file submissions on whether leave should be granted to appeal the preliminary decision.3 Background [5] Te Whe Hutana died on 9 July 2005. Probate was granted on 7 December 2005 in favour of two of her daughters; Huia Williamson (the administrator of her estate under her will) and Josette Malcolm (now deceased). Mrs Williamson is now the sole administrator. [6] A succession appli...