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1. Trial and prison

   ...The Crown (the lawyer for the Police) argues that, as a convicted offender, Oliver should be remanded in custody – held in prison – to await sentencing. The court agrees. (Sentencing is announcing the penalty for Oliver's crime.) The judge asks a probation officer to assess Oliver and prepare a report (called a PAC - Provisional Advice to Court - report), to help the judge decide on Oliver's sentence. The probation officer works for the Department of Corrections, supervising offenders like...

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2. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...additional compensation”. [14] As a final comment, she says:6 Finally, my understanding is that the delay was because of the original will not being available and that any coroners investigation has no bearing on the ability to apply for probate, the fact of death occurring being the only thing to be establish[ed] before a probate application and cause of death has no bearing on this. Nature and scope of review [15] The High Court has described a review by this Office in the...

3. IV v DD & Ors LCRO 272/2012 (1 March 2016) [pdf, 81 KB]

   ...Zealand assets. Specifically, this related to the attendances required to ready the property in [City A] for sale and its ultimate sale. They included a property in [City A] which was to be sold. Ms DD and her two sisters lived in [City A] [8] Probate was granted on the following terms: 3. This Probate document appoints Mr IV of [City A], Solicitor, as the lawfully constituted attorney in New Zealand of Ms CC of [Town], England the surviving substitute executor named in the wil...

4. TT & WK v MF [2022] NZDT 275 (7 November 2022) [pdf, 158 KB]

   ...DISPUTES TRIBUNAL District Court [2022] NZDT 275 APPLICANT TT APPLICANT WK RESPONDENT MF The Tribunal orders: The estate of MF is to pay TT and WK (jointly) $20,000.00 within 21 working days of the date on which probate is granted for MF’s estate. Reasons: 1. TT and WK bought a property from MF. TT and WK say that before they entered into the contract MF told them that the roof had been repaired and only needed to be repainted. They say this was...

5. LCRO 122/2015 NP v AO (21 May 2018) [pdf, 178 KB]

   ...beneficiaries. [3] The will came into effect when Ms T passed away in September 2014. By December 2014, although Mrs NP and her siblings had instructed a lawyer in Australia, no claims had been made against Ms T’s estate. Mr AO filed for probate and that was 2 granted by the High Court on 10 December 2014. He provided a copy of the will to Mrs NP. [4] Mrs NP objected to Mr AO’s involvement in drafting the will and taking steps as executor in the estate. She made a co...

6. Gratton - Estate of Elizabeth May Henson (2003) 131 Aotea MB 230 (131 AOT 230) [pdf, 607 KB]

   ...of the Deceased named in that clause. As the Deceased's Maori land interests are not referred to explicitly anywhere else in the will, those interests necessarily fall within the ambit of this residuary clause. Administration of the Estate Probate was granted on 30 July 1987 in favour of James Havelock Henson and Keretewha Fleming as executors. On 26 August 1993 the Court then vested the Maori land 'interests of the Deceased in the executors, 6 ADWG 302. Since that time, Jame...

7. LCRO 207/2016 YN v NZ Police (2 August 2017) [pdf, 166 KB]

   ...form of identification. Neither visitor was asked by the custody officer to produce evidence of identity before being admitted to the foyer. [11] The custody officer believed from the exchange she had with the two visitors that Mrs DL was a probation officer. Probation officers, it seems, do not wear uniforms, although on-duty prison officers do. On Ms YN’s account she introduced herself as a 3 lawyer and Mrs DL as a prison officer. Mrs DL says she said she was a correctio...

8. Southland Standards Committee v Evans [2011] NZLCDT 38 [pdf, 129 KB]

   ...application for the transmission of the deceased’s property (unique identifier CB12K/1256) to the sole executor, L B, of W, which included the following declaration by Mr L B: “I am the executor of the will of the estate of K B deceased by virtue of Probate granted to me by the High Court of New Zealand on 31 March 2010.” (b) The declaration was submitted to the solicitor acting for Mr L B, Mr W, at W, with the intention that Mr W would facilitate the signing of the declaratio...

9. Auckland Standards Committee 3 v Park [2023] NZLCDT 51 (20 November 2023) [pdf, 327 KB]

   ...Park’s work as executor. [8] Our disciplinary jurisdiction is prescribed by the Lawyers and Conveyancers Act 2006. Nothing in that Act limits our disciplinary jurisdiction in the ways Ms Paul contends. First, Mr Park never obtained a grant of probate and therefore was never placed in a position of accountability to the High Court. Second, our jurisdiction does not compete with any probate or administration jurisdiction of the High Court which addresses quite different concern...

10. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

    ...executed a written individual employment agreement dated 4 November 2015. Under the agreement, Mrs Lewis was to commence employment with the defendant on 16 November 2015 as an administrator. [2] The agreement contained clauses incorporating a probation period and a trial period. The probation period was specified in the agreement to last for the first three months of employment. The trial period was stated in the employment agreement to apply for a period of 90 days. [3] C...