Search Results

1. BORA Vulnerable Children Bill [pdf, 307 KB]

   ...the Child Harm Prevention Order provisions: 9.2.1 These provisions do not contain any aspects of criminal procedure, as in part relied upon in Belcher; and 9.2.2 Unlike the provision for Extended Supervision Orders, which imposes a broad range of probation measures as standard conditions and permits highly restrictive measures as special conditions:6 (a) Child Harm Prevention Orders are limited to restrictions on living, working or associating with children and certain reporting to po...

2. Smiler v Peters - Estate of Hani Ihimaera or Hani Smiler (2008) 185 Gisborne MB 20 (185 GIS 20) [pdf, 1.4 MB]

   ...trustee all interests I hold 11) A1fiori land to be held in trust for my grandson JOURDAN COOPER TE A TARA U PETERS and to be transferred to l11in on attaining tbe age of majority JJ 185 Gisborne MB 21 [3J Jordan-Cooper is the son of Sheryl Peters. Probate for the Will has been obtained from the High Court at Hamilton. I But the executor of the Will did not file the application before tlus Court. Tlus application for succession was filed by Halu (Ihimaera) SmileI', on 12 Nove...

3. Smith v Smith - Waipaoa 5A2 and other lands - Estate of Francis Guthrie-Smith (2016) 64 Tairawhiti MB 15 (64 TRW 15) [pdf, 190 KB]

   ...pending disposal of the appeal. Background [3] The present succession proceedings concern the administration of the estate of the late Francis Guthrie-Smith who died on 3 July 1997 at Ruakituri. He left a will dated 11 October 1995. A grant of probate was then issued on 1 September 1997 where Sarah Freda Smith, Roland MacDonald Smith, Bruce Winston Anderson Smith and Phillip Gordon Matthew Smith were appointed executors and trustees. [4] Following that, on 8 September 1998, the...

4. Jury service - response to jury summons form [pdf, 1.4 MB]

   ...(Explain your reason below and if possible attach proof, like a letter from the court). In the last 5 years, I have been sentenced to imprisonment or home detention for 3 months or more (If you are on home detention, please give us a letter from your Probation Officer. No explanation or proof is needed if you have been imprisoned in the last 5 years). I have been sentenced to imprisonment for 3 years or more, or to preventive detention (No explanation or proof is needed). My job m...

5. Tuhi v Tuhi - Toa Toa Tuhi Estate (2020) 83 Takitimu MB 51 (83 TKT 51) [pdf, 150 KB]

   ...this interim decision is whether Mr Tuhi should be compelled to provide an accounting of the estate administration. He kōrero whānui Background [4] Toa Toa Tuhi died on 20 July 1991. He left a Will dated 27 July 1989 and a grant of probate was issued on 1 August 1991. Under that Will James Tuhi (deceased) and the respondent, Ahipene Tuhi who were appointed executors. [5] On 31 August 1992, 6 March 2008 and 3 April 2008 orders were made by the Registrar vesting the relev...

6. Manning v Waitutu Inc - Waitutu Inc (2023) 80 Te Waipounamu MB 101 (80 TWP 101) [pdf, 271 KB]

   ...consider the 11 August affirmation prior to the hearing and to give submissions. On balance, I consider the evidence will assist me but there are shortcomings such as the hearsay nature of many of the statements made by Diane Holloway, and the limited probative value of the declarations. For these reasons, the evidence can only have limited weight. At best it is an indication, albeit a strong one, of support from whānau trusts for the application. [24] Mr Hirschfeld for the applican...

7. Parole Mandatory Completion of Rehabilitative Programmes Amendment-Bill [pdf, 347 KB]

   ...23. However, I have concluded that the Bill does not engage s 23(4) because the right to refrain from making a statement does not apply to sentenced prisoners. The Court of Appeal addressed a similar issue in G v R, dismissing an argument that a probation officer was obliged to advise a prisoner during an interview for a pre-sentencing report about the s 23(4) right:12 10 See s 28(1AA) of the Parole Act 2002: “In deciding whether or not to release an offender on parole, the Board...

8. Harris v Department of Corrections [2013] NZHRRT 15 [pdf, 125 KB]

   ...redacted: To Mr R.C. Harris This is some of the info found at an Albany cafe by myself an some friends. We don’t have anything good to say to you after reading all the shit about you an other people in the prison material. Some fucked up prison or probation people have left the files in Albany. Many friends of ours have read it all, some photo copied most of it and were going to send it to the media. Some still have personal letters and info from the files, who’s the horny and h...

9. LCRO 87/2018 QZ v FZB (20 December 2019) [pdf, 231 KB]

   ...QZ’s previous firm’s trustee company. [5] Mrs TV died on 21 January 2017. Under her will she appointed RP as one of her two executors and trustees, and forgave any debt owed to her by the trust. [6] Mr QZ acted on the application for probate which was granted on 23 March 2017.4 He continued to attend to the trust’s matters largely related to preparing for the sale of the residence, including documenting the transfer of title in the residence to Mr TV and RP as continui...

10. IWCNZ-Submissions-on-Scope.pdf [pdf, 366 KB]

    ...that the relevance of certain submissions may only become clear once they have been heard in full. Citing UK jurisprudence, the Court in Doomadgee v Deputy State Coroner Clements30 noted that the Court may act “on any material which is logically probative”: that is, “material which tends logically to show the existence or non-existence of facts relevant to the issue to be determined”.31 Put another way, at the early stage of determining scope, the test for what is included in...