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1. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...Ngapiki’s Will (and the respondent in this case) does not agree and considers the order made on 26 March 1997 should not be cancelled or amended. Background [3] Ngapiki passed away on 9 November 1969 leaving a will dated 4 July 1958 (the Will). 1 Probate was granted on 27 April 1970 in favour of the Māori Trustee and the deceased’s Māori land interests were vested in the Māori Trustee in terms of s 81 of the Māori Affairs Amendment Act 1967 (MAAA). [4] The relevant clau...

2. Green – Trustees of Te Kou Tiaki and Tangi Ataahua Green Whanau Trust (2014) 92 Waiariki MB 183 (92 WAR 183) [pdf, 213 KB]

   ...in respect of the shares of Te Ata Koroheke in the said land to accord the wishes of the donor that all her children should share equally. The question of succession is complicated by the existence of two Wills of which only the later in time was probated. That Will did not contain a revocation clause which raises a presumption that the earlier Will still continued in force. Correspondence from the solicitor for the estate clearly indicates that a compromise was reached amongst the bene...

3. Waititi v Ruha - Orete D1 Block (2011) 28 Waiariki MB 166 (28 WAR 166) [pdf, 134 KB]

   ...survived Watene Ruha for another three years and did not move to apply to have the s 440 order cancelled is interesting, but without some definite evidence that he failed to take this action because he wanted the Ruha whānau to have the shares, its probative value is limited. 28 Waiariki MB 177 5. The revesting of the shares in the Rata Waititi whānau is consistent with the principles of the 1993 Act as outlined in the Preamble, sections 2 and 17. Decision and Orders...

4. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

   ...of circumstantial evidence requires the Tribunal to assess the varying pieces of evidence individually and collectively. As Robert Fisher QC said in his recent report to the Minister of Justice at [46]: “The fundamental principle is that the probative value of multiple items of evidence supporting the same factual allegation is greater in combination than the sum of the parts. As each item of evidence implicating the accused is aggregated the probability of guilt increased exponen...

5. CAC 20004 v Kolich & Anor [2014] NZREADT 39 [pdf, 59 KB]

   ...2012: “While an independent assessment of each item of evidence is part of the enquiry the ultimate determination of guilty or innocent turns on an assessment of all of those items viewed in combination. The fundamental principal is that the probative value of multiple items of evidence supporting the same factual allegation is greater in combination than the sum of the parts. As each item of evidence implicating the accused is aggregated, the probability of guilt increases expone...

6. Retto v Standing [2012] NZIACDT 47 (30 August 2012) [pdf, 117 KB]

   ...this Tribunal would take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which involve strikingly similar features, where fees were paid and service was not delivered, may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [38.4] At that point, subject to further submissions, the Tribunal consi...

7. Connell v Standing [2012] NZIACDT 46 (30 August 2012) [pdf, 109 KB]

   ...client funds. [23.3] The approach this Tribunal would take is that it will not unnecessarily use evidence in one complaint to support another complaint. However, multiple complaints which 4 involve strikingly similar features may be probative evidence when the Tribunal determines whether there was systematic dishonesty, incompetence, or a set of circumstances amounting to an innocent explanation. [23.4] At that point, subject to further submissions, the Tribunal consid...

8. Lam v The Real Estate Agents Authority (CAC 413) and Austin [2018] NZREADT 43 [pdf, 439 KB]

   ...evidence on oath. The Act therefore contemplated that both types of evidence (and in some occasions in the same hearing) would be admissible. The Act did not go on to say that where evidence is given on oath it should be regarded as being of greater probative value than unsworn material such as emails. While it is a not a conclusive factor, we observe that in any case where sworn evidence had been provided on a particular point, the opposing party would have to file an affidavit in...

9. Nicholls v Nicholls - Estate of Wiremu Uru Nicholls (2002) 104 Hauraki MB 82 (104 H 82) [pdf, 2.9 MB]

   ...application including those of a final hearing at Hamilton on 23 January 2002 have issued at Hauraki MB 102/124, 102/160-161 and 103/138 and Waikato MB 97/59-63. Wiremu Uru Nicholls died on 11 January 1989. He left a Will dated 4 August 1987. Probate No P 377/89 was granted by the High Court at Auckland on 16 March 1989 to Tama Te Hura Nicholls as executor. The Will reads: 1. I HEREBY REVOKE all former wills and testamentary dispositions heretofore made by me and declare this to...

10. AVL operating guidelines for senior courts [pdf, 684 KB]

    ...Other Authorised Parties To assist with the progression of a case there may be a requirement of other authorised parties to use the Instruction Suite to communicate with a prisoner or witness. Authorised parties include Police officers, Community Probations Services, Restorative Justice Coordinators or other court representatives for the purpose of completing reports and assessments or taking statements. Bookings are to be made with the local court with priority being given to cases...