Search Results

1. 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...

2. [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...

3. [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...

4. Southland Standards Committee v P [2022] NZLCDT 12 (28 April 2022) [pdf, 215 KB]

   ...issues, competent client. 5.7 – Fees. 6. Client Estate of B 6.2(a) – No letter of engagement discovered. 6.2(b) – Fees. 7. Estate F (same client as earlier mentioned) 7.2 – Advice to beneficiaries 3 month after Grant of Probate. 7.3 and 7.8 – Fees billed posthumously. 7.4 –Allegedly slow in distributing finds to beneficiaries. 7.5 – Fees. 7.6 – Late in obtaining IRD number for Estate. 7.7 – Slow in reporting to beneficiaries. We note th...

5. [2024] NZIACDT 02 - NS v Registrar (8 January 2024) [pdf, 157 KB]

   ...appellant concerning the application is suspicious. However, there is a lack of reliable evidence linking wrongdoing by [the employee] and the agent to the adviser. The Tribunal concludes that any further investigation is unlikely to uncover additional probative evidence. OUTCOME [49] The appeal is rejected. ORDER FOR SUPPRESSION [50] The Tribunal has the power to order that any part of the evidence or the name of any witness not be published.5 It must balance the public’s int...

6. Hoggard v Watene - Succession to Te Huinga Watene (2023) 299 Waiariki MB 57 (299 WAR 57) [pdf, 243 KB]

   ...that cl 4 of the Will, which gifts the House to Ivan Watene and Hape Watene, is the correct clause of the Will and under which the House should be vested. Te Wira The Will [3] Te Huinga passed on 18 April 2010 and left a Will which received probate by the High Court on 26 August 2010. At the time of her death Te Huinga held 21.281 shares in the Block, the ownership of the House, and several other interests in different land blocks. [4] Te Huinga’s Will reads as follows: THI...

7. Hikaiti-Molloy v Hall - Succession to Timi Kaukau [2025] Chief Judge's MB 92 (2025 CJ 92) [pdf, 288 KB]

   ...(1968031514), h) Copy of birth certificate for Matilda Porae Hikaiti (1950076713), i) Copy of death certificate for Matilda Porae Hikaiti (2021/10737), Court Research – Lower Court File: 8. The deceased died 5 February 1979, left Will probate granted 13 March 1975 No P 169/75). The Will records: THIS IS THE LAST WILL AND TESTAMENT of me Timi Kaukau (otherwise known as JAMES OR JIMMY KAUKAU) of Waharoa in the Dominion of New Zealand, Retired farmer. … Cl...

8. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

   ...[18] Community Corrections Activities are not a listed activity within the SARZ. Community Corrections Activities are defined as meaning the use of land and buildings for non-custodial services for safety, welfare and community purposes, including probation, rehabilitation and reintegration services, assessments, reporting, workshops and programmes, administration, and a meeting point for community works groups. [19] Ms Young considers that allowing for Community Corrections Activi...

9. Housing Corporation of New Zealand v Trustees of housing 1B3B2A– Waimanoni 1B3B2A (1996) 19 Kaitaia MB 227 (19 KT 227) [pdf, 3.5 MB]

   ...Borrower to the Lender and, if not forthwith paid by the Borrower shall be recoverable by the Lender accordingly." No evidence was given that the provisions of (2) above was complied with and to that extent the valuation produced is of lillle probative value. The failure, if any, of the lender to comply with those provisions is not fatal to the lender's case at this stage, since that can be remedied at a later date if required. Counsel for the Housing Corporation argues that...

10. Evaluation of Wanganui community-managed restorative justice programme [pdf, 637 KB]

    ...among people at two large community meetings in Wanganui in 1997 led to the establishment of the Wanganui Restorative Justice Trust. According to its Trust Deed, dated 25 June 1999, the Trust comprised three initial trustees – a social worker, a probation officer and a police officer. They, together with other representatives from the community, formed the Trust Committee1 that obtained the initial funding with which to employ a co-ordinator responsible for the day-to-day running of th...