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1. Nair v Standing [2012] NZIACDT 49 (30 August 2012) [pdf, 125 KB]

   ...this Tribunal would take was 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 is 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. [35.5] At that point, subject to further submissions, the Tribunal consid...

2. Freemans Bay Residents Association Inc 187 [pdf, 527 KB]

   ...height in relation to boundary rules in other zones (e.g. Mixed Use Zone and Business Zones) in terms of mitigating adverse effects on properties across the street in the Single House zone. 6.5 The deCision is not supported by any evidence of probative value, or has no rational basis. 7 The following documents are attached to this notice: 7.1 A copy of the FBRA submission. 8 Copies of the submission and decision may be obtained, on request, from the FBRA. dispute resolutio...

3. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...entitled under James Pou's will pursuant to section 117 ofTe Ture Whenua Maori Act 1993 ("the Act"). BacI<grotuul [2] James Pou died on 1 FeblUary 2004. He was 51 years old. He left a will dated 26 July 2002 in respect of which probate was granted in favour of Walter Pou on 2 August 2005. On 24 January 2006 the Maori Land COUli vested James Pou's Maori land interests in Walter Pou as executor. [3] The relevant clauses ofJames Pou's will provide as follo...

4. Bartlett - Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) [pdf, 354 KB]

   ...in 1936 leaving a Will and a substantial estate in land. She left one son, Te Akonga Mohi, who had nine children. Those nine children have a life interest in the Estate. The residual beneficiaries are the children of the life beneficiaries. Probate was granted by this Court on 8 December 1936. Since then, by act of Parliament, the Will of Pukepuke Tangiora has been amended seven times. 2 There have also been numerous Court cases over the years concerning proposals to distribute...

5. Taurua - Te Tii Waitangi A (2016) 143 Taitokerau MB 117 (143 TTK 117) [pdf, 221 KB]

   ...performance of the trustees and the conduct and attributes of individual trustees , and concluded as follows: 7 [71] I have therefore decided that, rather than remove any of the current trustees at this point in time, I will leave them in place for a probationary period until the beginning of April 2016, when I will assess what progress has been made in the operation of the trust. That will coincide with addressing the application to appoint trustees arising out of the 2015 AGM he...

6. Legal Complaints Review Officer v Morrison [2018] NZLCDT 27 [pdf, 422 KB]

   ...particular 10) 13 with reference to “B 2010 Trust” for depositing into Mr L’s trust account “As the evidence of settlement of the Trust”; (c) In an affidavit he swore on 28 January 2014, in support of an application to grant probate in AB will dated 10 February 2010, he referred to and relied on Trust Deed Version 3 as the authentic and conclusive document constituting the B 2010 Trust: (i) At paragraph 11 of that affidavit he referred to the “note … contained...

7. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...April 2014. She was not married and had no children. She had three siblings John Fleet, Maureen Vincent and Norma Clarke. Mrs Clarke passed away before Ms Fleet, she did not leave any children. [3] Ms Fleet left a will dated 19 November 1999. Probate was granted on 17 July 2015. The will appoints David Abbott as the executor and trustee of the estate (a former Associate Judge of the High Court now retired). Clause 4 of the will states: 4. I GIVE the balance of my estate,...

8. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...notices • serving legal orders and documents such as summonses and subpoenas • organising jury and witness lists, and summonsing and swearing in juries and witnesses • assisting Solicitors in areas of conveyancing, contracts, common law, probate and other legal practice matters • satisfying statutory requirements, establishing beneficial entitlements and distributing assets. During the course of processing the application, INZ sent a questionnaire to the Complainant...

9. LCRO 167/2016 LQ v TM (13 May 2019) [pdf, 181 KB]

   ...in equal shares, or if any of them 2 predeceased Mrs AQ, a gift over to such of their respective children living at Mrs AQ’s death. [6] Mr JK initially acted for all three executors and trustees in the administration of the estate.1 Probate was granted on 13 August 2012. Ms PQ died during 2014. [7] Issues arose between Mr LQ and Mr JQ concerning the whereabouts and make-up of the estate assets. Mr JQ subsequently retained Mr TM to act for him in all communications wi...

10. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 31 (1 September 2022) [pdf, 130 KB]

    ...proven as misconduct. We do not need to consider the lesser range. Should the charge about tardy distribution be struck out? [25] Mr Kennelly was sole executor of the PP estate.19 There were three adult beneficiaries. PP died in June 2013. Probate was granted in August 2013. [26] In August 2014, Mr Kennelly paid out $270,000 to each of the three adult beneficiaries. A balance of $16,241.27 was retained “for tax and accounting fees.” That balance was invested on interest b...