Search Results

1. [2012] NZEmpC 76 N Ltd v O [pdf, 121 KB]

   ...submission that the investigator considered the defendant should have the benefit of being presumed to be innocent until proven guilty. However, once the investigator had found against the defendant he was offered the opportunity to accept demotion, probation and, as Mr Patterson described it, a “path to redemption” which would have allowed him to remain in employment. This does suggest that full interim reinstatement, rather than garden leave, was the more appropriate order i...

2. EJ v VP LCRO 16 / 2011 (9 August 2011) [pdf, 98 KB]

   ...suicidal tendencies. [51] Consequently, it cannot be expected that the Respondent would have had any suspicion that she may have lacked testamentary capacity. If the Applicant suspected that was the case, then he should have opposed the Grant of Probate of EK’s last will through the Courts. Conclusion [52] Having considered all of the matters raised by the Applicant, I can find no reason to interfere with the decision of the Standards Committee. Decision [53] Pursuant...

3. Wouldes v Real Estate Agents Authority (CAC 409) & Ors [2017] NZREADT 36 [pdf, 111 KB]

   ...complex, were “only to the extent as disclosed in the Body Corporate disclosure statement”. [26] We accept Mr Simpson’s submission that the new evidence appears to be inconsistent with Mr Tremain’s statement to the Committee. It may be probative as to whether Mr Tremain had wider knowledge of issues relating to the apartment complex than is set out in the pre-contract disclosure statement. We conclude that the new evidence is relevant to the issues to be determined by the T...

4. Hata - Opape 30 (2003) 81 Ōpōtiki MB 201 (81 OPO 201) [pdf, 423 KB]

   ...Paragraph 4 of the original copy (written in Maori) " ... E TUKU WHAKARERE atu ana au i aku paanga katoa i Opape 3C3 ki nga tamariki a Koro Hata raua ko Timi Hata ... " On the 5th day of March 1947 at 31 Opotiki MB 321-322 the Will was probated and succession was completed to the said Block on 19 November 1952 at 32 Opotiki MB 1952 to: Extract from 32 Opotiki MB 375 Koro Hata - sworn - my children are: Clara Hata f17 Hori Hata m 15 Huria Hata f13 Tuakana Hata m12 M~uHa~...

5. Tau v Nga Whanau o Morven and Glenavy - Waihao 903 Section IX Block [2010] 2010 Maori Appellate Court MB 167 (2010 APPEAL 167) [pdf, 266 KB]

   ...(deceased) - Lake Rotoaira and 5 other lands, (1977) Chief Judge’s MB 181 (1977 CJ 181), dated 5 December 1977. This was a decision by the Chief Judge pursuant to s 452. At folio 188 he referred to the Court of first instance in dealing with the probate of a will in the following terms: The Court, of necessity, will require to be satisfied beyond all reasonable doubt that the document reflects the testamentary wishes of the deceased. In the Maori Land Court, at the time of Probat...

6. Taylor v Corrections (No. 2) [2018] NZHRRT 43 [pdf, 323 KB]

   ...determination of the proceeding. [12] To satisfy the test of relevance, s 7(3) requires only that the evidence have a “tendency” to prove or disprove anything of consequence to the determination of the proceeding. [13] Evidence must be excluded if its probative value is outweighed by the risk the evidence will have an unfairly prejudicial effect on or needlessly prolong the proceeding. See s 8 of the Evidence Act: 8 General exclusion (1) In any proceeding, the Judge must excl...

7. WAIHI Sonny Hone (CSU 2012 PNO 000573) [pdf, 90 KB]

   ...White was unable to say if the injury occurred during impact, or secondary on impact with the road after impact with the car. Issue 3: WHETHER INTENTIONAL OR UNINTENTIONAL [13] Mr Waihi had been referred to MidCentral Mental Health Services from Probation on 27 September 2012 having reported an attempt to take his life by hanging three weeks prior with the attempt being averted by a cousin. Mr Waihi had reported that was the first time in seven months that he went from thoughts o...

8. Williams - Blewett Porou Williams (2016) 362 Aotea MB 112 (362 AOT 112) [pdf, 257 KB]

   ...recorded at the conclusion of this determination have been complied with. The Estate and Procedural history [2] Blewett Porou Williams, also known as Porou Tumahuki, died on 30 October 2001. He left a will dated 9 December 1999 for which probate was granted on 9 October 2013. [3] The surviving administrators, Nygena Rawiri and Colleen Macleod (solicitor), applied in May 2015 to establish a whānau trust and distribute the estate in accordance with the terms of the will. Th...

9. Delamere-Amoamo - Estate of Tairongo Te Wiremu Amoamo (2016) 139 Waiariki MB 176 (139 WAR 176) [pdf, 212 KB]

   139 Waiariki MB 176 RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Tairongo Amoamo died on 8 July 2015. He left a will dated 14 February 2003. No grant of probate has been sought. By his will the deceased devised his entire estate to his wife on the condition that she survived him. She did. However, Mrs Delamere-Amoamo is unable to take an absolute interest in her late husband’s Māori land as she is not a member of the preferred class of alienees. [2] A...

10. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

    ...context to the application before me, I have difficulty accepting them and being persuaded by them. They have not been the subject of cross examination by the parties before the Court or examination by the Court. In my view the documents have limited probative value and will not be relied on. Discussion [11] Pursuant to s 44 of Te Ture Whenua Maori Act 1993 the Chief Judge may cancel or amend an order made by the Court or a Registrar, if satisfied that the order was erroneous in f...