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1. Julian v Inia-McCaull - Estate of Moehuarahi Te Ruuri [2018] Chief Judge's Minute Book 493 (2018 CJ 493) [pdf, 374 KB]

   ...challenge this bequest, the Will ought to have been contested at the time, in a “Court of competent jurisdiction” – the High and Family Courts. 18. The application states that the family couldn’t contest the Will because it wasn’t probated. There is no such barrier under the Family Protection Act 1955. Indeed, the only limitation to contesting a will is set out in section 9 which states: 9 Limitation of proceedings (1) No application in respect of any estate...

2. Tarawa - Estate of Tau Pere Pokaihau [2018] Chief Judge's MB 890 (2018 CJ 890) [pdf, 378 KB]

   ...Mr Rogers died in 1978 but it was not until 1980 that enquiries were made of our firm and a will was discovered. Mr Manu Rogers of Henderson had been taking steps to obtain Letters of Administration but the executor instructed us to obtain Probate. This we did but we have been unable to obtain any details of the assets and liabilities at the date of death, partly due to the passage of time but more particularly due to the total failure of the executor and the other beneficiary...

3. Evidence Brief: Post-release Supervision [pdf, 276 KB]

   ...evidence that supervision reduces recidivism compared to release without any supervision; however, New Zealand evidence is limited. Supervision is most effective when it follows discretionary release, and supervision is conducted by well-trained probation officers. OVERVIEW • Post-release supervision orders are commonly imposed on offenders following a period of imprisonment to monitor the offenders and to aid with rehabilitation and reintegration. • Offenders are su...

4. FF v WSC2 LCRO 23 / 2011 (27 September 2011) [pdf, 89 KB]

   ...and that he has never seen it. [15] The complainant consulted an independent solicitor, and after some correspondence between the Applicant and the complainant‟s solicitor, it was agreed that the complainant and his brother, VB, would apply for Probate of the 2002 will. That was done, and at the complainant‟s request, another firm of solicitors was instructed to act on behalf of the Estate. 3 [16] Subsequently, a Deed of Family Arrangement was entered into with VA in s...

5. 2025 NZPSPLA 064.pdf [pdf, 79 KB]

   ...revoked and his COA reinstated once he completes his 12 months supervision sentence, provided he has not reoffended or breached the conditions of his sentence. To be successful in having his COA reinstated Mr Martin will need to file a letter from his probation officer confirming that he has complied with all the conditions of his sentence, completed this supervision sentence without any breaches, and is in the opinion of his probation officer suitable to return to work in private securit...

6. Sentencing

   ...may be eligible for legal aid and you may be able to get free legal advice from your nearest community law centre Pre-sentence reports Pre-sentence reports are routinely ordered by a judge on guilty plea or verdict. Pre-sentence reports are prepared by probation officers. If a pre-sentence report is ordered, you will be required to attend a meeting with a probation officer. Pre-sentence reports contain: details of your personal circumstances; information about when the offending occurred; and...

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7. Update to Minister of supervision options for offenders deported to New Zealand [pdf, 258 KB]

   ...increase the likelihood of further offending. 8. Release conditions include standard conditions that apply to all offenders and special conditions that apply to an individual offender. The standard conditions require the offender to report to a probation officer and give the probation officer the authority to give directions to the offender in relation to residence, employment and associates. Special conditions may require the offender to live at a specified address, work at a specifi...

8. Auckland Standards Committee 1 v Wintour [2025] NZLCDT 25 (7 May 2025) [pdf, 203 KB]

   PERMANENT NON-PUBLICATION ORDERS IN PLACE FOR NAMES OF COMPLAINANT, COMPLAINANT’S WIFE, THE PRACTITIONER’S PARTNER, PROPERTY MANAGER, LICENSEE, PERSON FROM WHOM IT IS ALLEGED THE PRACTITIONER OBTAINED PRIVATE MATERIAL AND THE PROBATION OFFICER. THESE ORDERS ARE MADE PURSUANT TO S 240 LAWYERS AND CONVEYANCERS ACT 2006. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2025] NZLCDT 25 LCDT 016/23 IN THE MATTER of the Lawyers and Conveyancers Act 2006...

9. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...UT sought advice from Mr BD, her son-in-law’s father, and a lawyer, who registered her claim to share in Mr JWS’s estate with Mr HB. Mr BD later instructed a barrister, Mr GN, to assist. [9] In March 2010 Mr HB, assisted by Mr CT, obtained probate of Mr JWS’s 2001 will. Mr HB distributed Mr JWS’s estate the following year in February 2011. Complaint (1) Proposed 2009 will [10] In her complaint, lodged with the Lawyers Complaints Service on 9 January 2017, Ms UT compla...

10. Auckland Standards Committee 2 v Holland [2022] NZLCDT 9 (3 March 2022) [pdf, 216 KB]

    ...complainant, is a medical specialist residing overseas. [7] In family affairs Ms Holland held or undertook the following roles: (a) Ms Holland’s father died in November 2001. She was a co-trustee of his estate. She and her mother were granted Probate of his will. Under that will, her mother had a life interest, and the three children were equal residuary beneficiaries. (b) After her father’s death, Ms Holland was the nominated attorney under her mother’s Enduring Power...