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1. Auckland Standards Committee 2 v Lawes [2019] NZLCDT 19 [pdf, 366 KB]

   ...aware that Davenports, solicitors were acting for the estate and its executors N and TA. [36] On 17 August 2017 the practitioner wrote to Davenports thanking them for “confirmation that you are acting on the above-mentioned Estate” and that probate had already been granted. The practitioner went on to detail a claim that his client was making under the Property (Relationships) Act 1976. [37] He advised the other solicitor that he was holding funds “under the name of the Est...

2. Reti - Succession to Jemima Reti [2020] Chief Judges MB 1243 (2020 CJ 1243) [pdf, 335 KB]

   ...in the land that he has no connection to. Concise history of Order sought to be amended 5. The matter was first heard at 128 Wairoa MB 242-245 (8 July 2009) where it was established that: a) the deceased died testate on 24 October 2008. Probate was granted on 23 December 2009; b) the deceased had the following children: 2020 Chief Judge’s MB 1245 Name Sex 1 Mohi Moses Reti M 2 Jerry Atahere Reti M 3 Bunny Ruapani Reti M 4 Alma Hinerau McCluthie...

3. Form 22 Application for succession 2.pdf [pdf, 432 KB]

   ...seek a determination from the Court as to those persons entitled to a deceased’s Māori Land interests and an order transferring the interests to those entitled. You can complete this form if the deceased left a Will. However, if the Will has been probated or letters of administration or an election to administer have been granted by the High Court – you must complete Form 21. HOW TO FILE AND COMPLETE THIS APPLICATION FORM (i) This form must be accompanied with the appropriate applicat...

4. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [pdf, 120 KB]

   ...practitioner was censured and suspended for 12 months. There were two charges of misconduct involving discretely different wilfully dishonest documents. A false declaration was used to obtain transmission of a deceased’s property to the executor. Probate had not been granted. A false certificate was presented to LINZ for an allied purpose. The practitioner had three previous disciplinary decisions that involved dishonesty or breaches of trust accounting rules. These circumsta...

5. [2022] NZEnvC 124 Poutama Kaitiaki Charitable Trust v Heritage New Zealand Pouhere Taonga [pdf, 4.1 MB]

   ...the area of interest of Nga ti Tama which conflicted with Ngati Tama's Treaty settlement, statutory acknowledgements, and Waitangi Tribunal decisions; 1v. claims regarding tl1e location of alleged wahi tapu within ilie project site when no probative evidence was provided of such sites; v. claims seeking to relitigate matters determined as part of the Mt Messenger court decisions. (b) Poutama conducted its case 1n a way iliat unnecessarily lengthened tl1e hearing. This included:...

6. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

   ...in the best interest of the beneficiaries while ensuring all legal and financial responsibilities are met. [54] In his capacity as the lawyer acting for the executors, Mr CI had a number of responsibilities including but not limited to, obtaining probate, advising the executors on the interpretation of the will, identifying and securing assets, ensuring that outstanding debts and expenses of the estate were identified and paid prior to distribution, advising on estate tax obligations, as...

7. Te Puia v Cork - Succession to Guy Gerald Kau Kau [2025] Chief Judge's MB 129 [pdf, 444 KB]

   ...9. At 3 Rawene MB 304 dated 14 December 1982, the interests of the late Harriet Kau Kau or Hariata Kereama or Hariata Kereama Taui (Mrs Kau Kau) or Harriet Kau Kau was vested in the deceased as executor of the Will. The Will is dated 27 May 1980. Probate granted 27 April 1982). 10. At 3 Rawene MB 335 dated 9 March 1983 the interests were vested in accordance with the Will. Clause 5 of Harriet’s Will is where the deceased derived his shares in the block and referred to as, “m...

8. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...assumptions about Mr Allen’s actions that it did not check with him or others, applied irrelevant considerations to its conclusion of fraudulent conduct, and, although confirming its suspicions about organised employee fraud, so concluded without probative evidence and indeed contrary to evidence that it ignored. [46] The employer cannot be criticised for being concerned about losses of productivity and increasing wage costs. Nor can it be criticised for suspecting that one of...

9. [2015] NZEmpC 138 NZ Meat Workers Union Inc v South Pacific Meats Ltd and Talley [pdf, 415 KB]

   ...are present in the employment regime. Mr Churchman submitted that it is very difficult to establish breaches of the Act that expose a party to penalty liability, in this matter for breach of s 20 of the Act, given that he said that “[t]he most probative information will often be what was said or directed by directors to managers regarding the issue before the Authority”. [51] I do not accept that assertion, either in this case or generally in employment cases. Here, the Union...

10. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 6 Reference No. HRRT 009/2012 UNDER THE PRIVACY ACT 1993 BETWEEN SHANNON RICHARD ANDREWS PLAINTIFF AND COMMISSIONER OF POLICE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Mr RK Musuku, Member Mr BK Neeson, Member REPRESENTATION: Mr SR Andrews in person Mr DJ Perkins and Ms S McKenzie for Defendant Ms K Evans and Ms S Thompson for Privacy Commissioner DA