Search Results

1. Smith v Bristowe - Succession to Eruera Pereto [2023] Chief Judges Minute Book 39 (2023CJ 39) [pdf, 396 KB]

   ...respondents submit that it is an easy misconception to make for those who do not know the history and whakapapa of the deceased or his whānau that they are the same person. 2023 Chief Judge's MB 52 [30] The Bristowe whānau question the probative value of the birth certificate submitted by the applicant and the use of facebook whakapapa as proof of parentage. They say that the applicant has misunderstood Ms August’s birth certificate, and the birth register, as the ‘Er...

2. Maori Incorporations Factsheet.pdf [pdf, 370 KB]

   ...maorilandcourt.govt.nz/about-mlc/publications SUCCESSION TO SHARES Shares in a Māori incorporation are deemed to be shares in Māori land, and succession is arranged in the same way as for Māori land. Where a grant of letters of administration20 or probate21 has been issued, the executor22 may apply directly to the Māori incorporation to transfer the deceased’s shares to the successors23. To find out more about Succession go online to maorilandcourt.govt.nz/your-maori-land/succes...

3. List-of-Fee-Changes-1-July-2025.pdf [pdf, 519 KB]

   ...$1,950 $2,021 33 Issuing an order to arrest and imprison an absconding debtor under section 40 of the Senior Courts Act 2016 (HCR 17.88) $1,950 $2,021 34 Filing any of the following: (a) an application in common form for probate or letters of administration: (b) an application relating to a deceased person’s estate made prior or subsequent to a grant of administration: $260 $269 35 (c) an application for an order that is mad...

4. Cribb - Succession to Tieme Karepe, Te One Karepe, Hoani Karepe and Porokuru Te Kiwi [2025] Chief Judge's MB 373 (2025 CJ 373) [pdf, 366 KB]

   ...Chief Judge's MB 383 37. The Māori Land Court record indicates that Evadne Emmaleen Kuini Neilson is a current owner in the blocks she received from the 1972 orders complained of. There are no updated contact details for her. 38. The probate file for Tiemi Teone Karepe alias James John Cribb (16979) is on the Court record. Probate was granted at 28 Tokaanu MB 237-238 dated 3 December 1946. The minute states that Tiemi died on 2 August 1946, his will is dated 27 January...

5. Policy for admission to duty lawyer rosters [pdf, 667 KB]

   ...LAW AND COURT PROCESSES Sound grasp of criminal law concepts and principles (e.g. burden/onus of proof) Understands the Court’s procedures from plea through to resolution Knows where to locate and make appropriate use of services such as Probation, Forensic Psychiatric Service, Salvation Army etc and follows through on referral if required Adequate working knowledge of common offences set out in the Crimes Act 1961, Summary Offences Act, and Land Transport Act 1998. Famili...

6. [2015] NZSSAA 62 (31 August 2015) [pdf, 45 KB]

   ...Trust for or on behalf of the appellant were periodical. [19] Mr XXXX’s claim that the money received by the appellant from the Trust was a loan, has a number of difficulties associated with it. First and foremost, there is no evidence of a probative value that the Trust had negative equity in its assets. Mr XXXX is not a valuer, either of land and buildings or farm equipment. [20] In addition, we note the following: ● Only part of the appellant’s orchard was affected by P...

7. [2013] NZEmpC 194 Harris v TSNZ Pulp & Paper Maintenance Ltd [pdf, 76 KB]

   ...provides that such permission may be granted in judge-alone proceedings “at any time until judgment is delivered”. [19] Ms Service acknowledged the import of s 8 of the Evidence Act which provides that a Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will needlessly prolong the proceeding or have an unfairly prejudicial effect on it. [20] In exercising the Court’s jurisdiction under s 189(2) of the Employment Relations Act, s...

8. [2016] NZEmpC 70 S v I Ltd Interlocutory No three [pdf, 99 KB]

   ...counsel in determining questions such as relevance and privilege. The most recent interlocutory judgment issued by the Court reflects the application in practice of those principles. 4 In particular, the plaintiff’s submission that “The probative nature of the data can only be truly known once it is supplied” illustrates the inappropriateness of using an interlocutory procedure to require, initially and at significant cost and delay, the exchange of numerous documents without...

9. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...against a non-party, the Court has discretion to grant such an order where the documents are specifically identified, where they are or have been in that party’s possession, and where they are relevant.5 The Court will also have regard to the probative value of such documents and whether an order is necessary. 4 See Mahanga v Sade – Horahora 1A1, Horahora 1A3B and Horahora 1A4C (2017) 148 Taitokerau MB 237 (148 TTK 237) at [8]....

10. LCRO 67/2019 QN v WM and FR (8 August 2019) [pdf, 102 KB]

    ...Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). ZN had obtained a redacted copy of RN’s 2016 will (which had been superseded by the will dated 19 February 2018 which is presumed to have been admitted to probate). Mr QN’s position is that RN had told him he had not instructed the lawyers to disclose his 2016 will to ZN’s lawyer. However, as Mr QN’s evidence is hearsay, and RN is no longer available to give evidence, the next best evi...