Search Results

1. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...2008. [2] FI and her sister (FK) were joint executrices of his will, which UY had prepared. UY had acted for FJ for some time. [3] Following FJ’s death, UY proceeded on the basis that he was to act in the administration of the Estate, and Probate of the will was obtained on 22 December 2008. [4] The residuary beneficiary of the will was FJ’s wife (FL) who suffered from Alzheimer’s disease and dementia. FL had appointed FK her property attorney by an Enduring Power of A...

2. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

   ...trustee, Judge Ambler correctly took into account Ms Te Paa’s business and work experience. Although allegations in relation to Ms Te Paa’s involvement with her father’s activities in the past were made, they were simply that. There was no probative evidence before the Court about Ms Te Paa’s father’s activities, and even if such allegations as were made could be proven it did not show that Ms Te Paa was aware of any wrongdoing on the part of her father. Again, taking i...

3. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...as an investigation. [33] The interview and in particular the “admissions” gained after extensive interrogation were wholly or substantially the evidence for the allegation of theft. [34] The product of the interview was in itself of little probative value given the deficiencies of the interview process and the Adviser’s denial of wrongdoing. The Adviser asserted a proper investigation of the records which he willingly indicated would show he had accounted for all funds. [35] It...

4. AG v ZT LCRO 159 / 2010 (18 February 2011) [pdf, 107 KB]

   ...lie only with a Court and neither the Standards Committee nor this office has the jurisdiction to assist the Applicant in this regard. [38] In any event it is doubtful that any steps can now be taken to challenge the will since not only has probate been granted, but in addition the Applicant has entered into an Agreement that would appear to preclude any further steps being taken by him. Although the Applicant has expressed some dissatisfaction with the overall agreed outcome,...

5. [2016] NZSSAA 097 (18 November 2016) [pdf, 184 KB]

   ...the appellant receiving a pension made up of a basic part and an insurance part is as a result of the 2001 law which required existing pension rights to be converted to fit into the new labour pension regime. [35] There is no evidence of a probative value that the appellant made contributions to the voluntary scheme which came into force in 1987. Prior to that, the only pension available was funded by State and employer contributions. There is nothing to suggest the appellant...

6. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...has previously stated the requirement per s 113, to determine the beneficiaries, means that the Court has to decide between competing claims in an estate and this jurisdiction is concurrent with that of the High Court.7 That being said, where Probate of a will is granted by the High Court this Court is bound to act on that grant.8 [38] The Will is clear and unequivocal. It was the deceased’s clear desire that his grandchild succeed to his estate. There is a High Court decision wh...

7. Evidence Brief: Correctional Alcohol and Drug Treatment [pdf, 288 KB]

   ...offenders in the community. Corrections has expanded the number and range of Alcohol and Other Drug interventions provided within prisons. There are four types of interventions available within the 16 public prisons in New Zealand. Community probation, prison health and case management staff provide screening and brief interventions. It is expected that all prisoners who are in prison for longer than a month will be screened for Alcohol and Other Drugs problems. • Brief...

8. LCRO 152/2015 FR v CB and WT (15 May 2017) [pdf, 200 KB]

   ...unsatisfactory to FR as his application failed. That does not mean to say that the lawyers have failed in their duty to FR or that the charging regime has been in any way wrong. 12 There was nothing other than the lodging of the caveat against probate which appeared to be of an urgent nature which warranted an uplift. [8] LT concluded that the lawyers’ bills of costs were fair and reasonable. The Standards Committee decision [9] The Standards Committee recorded that: 13 10...

9. Evidence Brief: Employment assistance [pdf, 264 KB]

   ...employment programs: A meta- analysis regarding offender work opportunities and post-release outcomes. Sarno, C., Hearnden, I. Hedderman, C., Hough, M., Nee C., & Herrington V. (2000) Working their way out of offending: an evaluation of two probation employment schemes. Home Office Research, Development and Statistics Directorate. Saylor, W. G., & Gaes, G. G. (1997). Training inmates through industrial work participation and vocational and apprenticeship instruction. Correct...

10. Restorative justice: Best practice framework August 2019 [pdf, 1006 KB]

    ...justice conference due to their professional expertise and relationship with one or more participant, and whose involvement or presence has been agreed to by the facilitator and other participants. Examples of professionals include police officers, probation officers, social workers, teachers, mental health workers, counsellors, midwives, cultural advisors, plunket nurses and addiction support workers. PROVIDER - an agency contracted by the Ministry of Justice to deliver restorative...