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1. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...partner’s will under the PRA is known as “exercising Option A”, referring to s 61 of the PRA. 12 Property (Relationships) Act 1976, s 88(2). 15 [71] In very simple terms, the executorship role under a will involves taking steps to secure Probate from the High Court and identify the estate pool. Once that has been completed, the trusteeship role involves distribution of the estate.13 [72] The duties of an executor are clear and unambiguous. An executor must administer the...

2. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ... A ‘fishing’ exercise was being undertaken.  Disclosure to the extent sought by Mr Nel would be oppressive, as many documents would have marginal relevance at best, and compliance would be seriously disproportionate to their probative value. [26] Each party filed affidavits in support of their respective positions as just summarised, and this evidence will be referred to where appropriate. [27] The key dispute between the parties relates to the scale of discl...

3. LCRO 167/2023 UG v XY and EP (17 July 2025) [pdf, 255 KB]

   ...she had been told that 2 – 3 hours was the estimated time to apply for and obtain Letters of Administration and that “fees in the vicinity of $3,000.00 to $4,000.00 plus GST are commonly charged by lawyers in the [City] area for straightforward probate or Letters of Administration applications. This is also in line with fees that the Public Trust charges for such applications”.18 • They “found Ms UG not to be forthcoming with information despite our repeated requests. And...

4. [2010] NZEmpC 76 Trans Otway Ltd v Hall [pdf, 38 KB]

   ...2010 in response to Trans Otway Limited’s application for stay he does not contend that he would be injuriously affected if a stay were granted. [35] In the absence of any supporting evidence, these expressions of opinion are of little or no probative value. In particular, it does not assist the Court at all to be told that the applicant “believes this amount is too onerous to pay” without any evidence of the company’s financial position. Equally, the bare statement that the...

5. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...Accordingly, the only evidence I have that I can rely on is the unchallenged evidence that the transcript is misleading, and the events it purports to evidence did not occur. It is neither necessary nor appropriate to exclude the transcript, but it is not probative as a record of what it purports to record. [32] Accordingly, there is no evidence to support the assertions Mr J used threats and otherwise engaged in misconduct at the meeting on 15 July 2013. I accordingly dismiss the complai...

6. Wawatai(Tate) - Estate of Te Raana Waiti (2014) 88 Taitokerau MB 233 (88 TTK 233) [pdf, 110 KB]

   ...apply. However, s 99(1) provides a comprehensive definition of “administration” for the purposes of Part 4 of the 1993 Act: 99 Interpretation (1) In this Part of this Act, unless the context otherwise requires,— Administration means probate of the will of a deceased person; and includes letters of administration of the estate of a deceased person, granted with or without the will annexed, for general, special, or limited purposes; and, in the case of the Maori Trustee or...

7. Dovey Property Holdings Limited – Orokawa 3B Part Lot 8 DP41892 (2013) 57 Taitokerau MB 75 (57 TTK 75) [pdf, 126 KB]

   ...1993 (“the Act”). [3] The land was owned by the late Dovey Erana Regeling. The proposed alienation was pursuant to a transfer document signed by Mrs Regeling on 13 August 2007. She died on 16 March 2008 leaving a will dated 16 July 2007. Probate was granted on 24 July 2008. Mrs Regeling’s husband, Jacob Regeling, and a local solicitor, Wayne Peters, are the executors of the estate. Mr Peters also acts for the applicant company, which is owned by Mr Regeling. [4] Clause...

8. Fapiano v Tarau (2013) 24 Takitimu MB 46 (24 TKT 46) [pdf, 198 KB]

   ...North, Hastings 24 Takitimu MB 47 Introduction [1] Olive Mihaere died on 12 August 2009 leaving one child Joseph Tarau.1 She left a will dated 28 October 2005 appointing Te Hei Fapiano as executrix and also made her sole beneficiary. Probate was granted on 9 September 2009. The applicant now seeks succession in this Court according to the will. [2] Mr Tarau opposes the application and claims to be the correct person entitled to succeed. The deceased expressly records h...

9. Canterbury Westland Standards Committee v Tee [2013] NZLCDT 34 [pdf, 43 KB]

   ...penalty hearing, only the written submissions lodged on his behalf. [14] The Tribunal considered the submissions filed for Mr Tee, noting the inclusion of a submission that while, as evidence, the unsworn draft of Mr Tee’s evidence brief had no probative value it had some value as a submission on penalty. We have reviewed the brief and consider it has no value for either purpose. It deals largely with disputed facts, or argues matters of defence contrary to the Tribunal’s fin...

10. EHQ v NKN [2013] NZIACDT 65 (20 September 2013) [pdf, 113 KB]

    ...assertions. He identified them as not material, and pointed out that the Registrar has not identified prima facie evidence that provided support for the arguments. [21] Mr NKN stated he has acted entirely properly in all respects, and there is no probative or prima facie evidence to support any of the grounds of complaint. The complainant’s position [22] Mr EHQ accepted the Registrar’s Statement of Complaint, and did not file a Statement of Reply taking issue with it. [23] Howeve...