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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...for hearing in Rotorua on 12 June 2015. Hearing [8] At the hearing the applicant’s counsel, Mr John Chadwick, submitted that clause 4.0(2) of the Will of the deceased clearly named Kelley Nyman as a child of the deceased. The Will was not probated and therefore the validity of clause 4.0(2) has not been subjected to legal rigour, however, the validity of the certification of the Will should be accepted by the Court. [9] Vena Appleton stated that she wanted to hear evidence t...

9. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...Court can receive any evidence it considers appropriate to receive and it is not bound by the rules of evidence that apply to judicial proceedings,20 in a case such as this where interim orders are sought the evidence provided must in our view be probative and reliable. Applying the usual and time-tested rules of evidence about admissibility, particularly in relation to expert evidence is a way of ensuring these objectives are met. It should also be noted that the Practice Note cont...

10. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

    ...tenants may reside in the property. [30] A subsequent agreement dated 5 February 2016 records the rent as $480 per week with otherwise the same terms. The appellant states that the rental agreement was changed to record a lower rent because his probation officer did not accept that he could afford rent of $650 per week. However, the appellant insisted that the earlier agreement with the higher rent applied. [31] The appellant accepted that although the tenancy agreement restricted...