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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2025] NZLCRO 110 Ref: LCRO 95/2024 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN HC Applicant AND RB Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] The applicant, M
...no dispute that the applicant is well educated with university qualifications and has been impressive in various senior work positions which require total honesty and integrity, including as a successful real estate salesperson. We accept that the probation office regarded her as being at a low risk of reoffending and with no previous criminal history. [19] It does seem that, in terms of the business activities which led to the charges by the IRD, she was out of her depth and reliant...
...uncertainty, then an essential aid to its interpretation 3 New Zealand Nurses Organisation v Tairawhiti District Health Board, above n 1. and application will be the examination of relevant and probative extraneous material. 4 [28] So, in these circumstances, the Court should have regard to pertinent sources of relevant and probative information beyond the covers of the collective agreement. I now do that under a number...
...some months later described: 6 literally hundreds of pages of information belonging to hundreds of people and associated other persons, firms, lawyers, the Crown, Courts, CYP&F, Justice Department, Judges, Counsellors, Legal Aid, Police, Probation and so the list goes on, of information that was not mine. [23] Mrs MN says the materials were on the rear of information that was personal to her and copies of reports that related to her matter. She describes “a major privacy...
...strike out the proceedings, counsel argued that the evidential threshold for claims of fraud is high and Aaron Bamber has provided no evidence which comes close to satisfying such threshold. The other causes of action are also not supported by probative evidence justifying the removal of the majority trustees. Mr Temm noted that Aaron Bamber’s application was referred to by Kathleen and Bruce Bamber in bankruptcy proceedings before the High Court, as one of the grounds for see...
...available for cross-examination and should be excluded. 65 Te Waipounamu MB 75 [51] In response, Mr Bendall submitted that the first-hand accounts of conversations with Hinerua regarding her intention for the urupā is of significant probative value to the Court. These accounts are consistent with Māori practices of passing on traditions, kawa and tikanga, kanohi ki te kanohi, and should not be disregarded due to the absence of written supporting documents. While the evid...
...85. 2021 Chief Judge’s MB 733 Court research 15. The deceased died on 30 July 1982 leaving a will dated 10 October 1977. Records reveal that the deceased’s original will was lost. 16. A photocopy of the deceased’s will was granted probate on 24 September 2014 appointing Moses Anderson, the surviving executor named in the will, as administrator of the deceased’s estate. 17. Clause 3 of the deceased’s will reads as follows: 3. I GIVE, DEVISE, BEQUEATH AND APPOINT t...
...Copy of 19 Whangārei MB 300 dated 08/07/1940 (order); Copy of 56 Whangārei MB 24-25 dated 12/10/1979 (order); B – copy of hearing minutes at 173 Taitokerau MB 273-309 dated 2 May 2018; and 2023 Chief Judge’s MB 66 C – copy of the probate and Will of the deceased. Court Research 12. Wharehau Rata died on 19 April 1964 leaving a widow, Rihi Pita Rata. 13. He had the following children: (a) Waikohua Rata male 48 (b) Te Winihi Rata (Mrs Flesher) female 52 (c) Kahu...
...sequestration order (HCR 17.87) $1,500 $1,950 33 Issuing an order to arrest and imprison an absconding debtor under section 40 of the Senior Courts Act 2016 (HCR 17.88) $1,500 $1,950 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: $200 $260 35 (c) an application for an order that is made under section 14 o...
...sequestration order (HCR 17.87) $1,500 $1,950 33 Issuing an order to arrest and imprison an absconding debtor under section 40 of the Senior Courts Act 2016 (HCR 17.88) $1,500 $1,950 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: (c) an application for an order that is made under section 14 or 31, or fo...