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1. Tioro v McCallum - Estate of Ngapiki Waaka Hakaraia [2015] Māori Appellate Court MB 483 (2015 APPEAL 483) [pdf, 228 KB]

   ...granddaughter and her issue were entitled to the remainder interests, and that there was no partial intestacy. The estate includes general land and Māori land. Background The will [2] Ngapiki died on 9 November 1969 leaving a will dated 4 July 1958. Probate was granted on 27 April 1970 in favour of the Māori Trustee and the deceased’s Māori land interests were vested in him pursuant to s 81 of the Māori Affairs Amendment Act 1967 (the 1967 Act). The relevant parts of the wil...

2. [2016] NZEmpC 86 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 182 KB]

   ...to consider claims to privilege of documents, including to self-incrimination avoidance privilege, as well as on other grounds for resisting disclosure. [70] Such a construction of reg 39(2) enables the Court in penalty actions to balance the probative and prejudicial factors associated with the disclosure of particular documents and in the overall interests of justice. In the Court, this will probably be determined in a pre-trial process which will follow once it is clear from t...

3. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

   ...dishonesty because Mr Loh has presented testimonials and given evidence of an otherwise unblemished career. This Tribunal has dealt with a specific complaint and found there was dishonesty arising in relation to that complaint. It is seldom of great probative value to produce evidence that a person accused of dishonesty has, on other occasions, not been dishonest. Certainly, evidence of good character has some bearing; however, as in this case, it will seldom overcome evidence that establi...

4. GQ v TO LCRO 57 / 2011 (12 January 2012) [pdf, 104 KB]

   ...Mr HA as Attorneys to recover Mrs HA’s funds from Mr and Mrs GQ. [21] Discovery in the District Court proceedings was delayed due to Mr GQ’s ill health, and before discovery was effected, Mrs HA died on 7 November 2008. Following issue of Probate of Mrs HA’s last will which appointed Mr TO as executor, he became substituted as the plaintiff in the District Court proceedings against Mr and Mrs GQ. At the time of the complaint, these proceedings 5 remained on foot, pr...

5. KB v JR LCRO 191/2012 (14 May 2014) [pdf, 192 KB]

   ...complaint, it also needs to be noted that Ms JR was the executor of the estate. Unless she was agreeable to rely on an indemnity from the beneficiaries, it was prudent for her not to distribute the estate within six months of the date of issue of Probate.14 I am unsure exactly when Probate was granted, but Mrs CG had died on 26 June 2011. I understand that a distribution of funds was effected by Ms JR in November 2011. This would have been within the six month period and Ms JR too...

6. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...dishonesty because Ms Gu-Chang has presented testimonials and given evidence of an otherwise unblemished career. This Tribunal has dealt with a specific complaint and found there was dishonesty arising in relation to that complaint. It is seldom of great probative value to produce evidence that a person accused of dishonesty has on other occasions not been dishonest. Certainly, evidence of good character has some bearing; however, as in this case, it will seldom overcome evidence that esta...

7. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...dishonesty because Mr Loh has presented testimonials and given evidence of an otherwise unblemished career. This Tribunal has dealt with a specific complaint and found there was dishonesty arising in relation to that complaint. It is seldom of great probative value to produce evidence that a person accused of dishonesty has, on other occasions, not been dishonest. Certainly, evidence of good character has some bearing; however, as in this case, it will seldom overcome evidence that establi...

8. ZQI v DI [2013] NZIACDT 70 (24 October 2013) [pdf, 170 KB]

   ...referred to the Tribunal with no factual support at all. [81] It is also costly and distressing for advisers to have to respond to such complaints. Furthermore, advancing complaints without evidence may well divert complainants from providing the probative evidence they do not appreciate is necessary to support their complaint. [82] The Registrar is required to investigate and evaluate the complaints he receives (as he sees fit in his discretion), and make the statutory determination u...

9. [2018] NZEmpC 25 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 378 KB]

   ...established. Furthermore, her suspicion that her email account had been used by someone pretending to be her does not reach a threshold to impose an obligation on the university to search through its records to attempt to find documents where there is no probative evidence they exist. This is no more than a bare assertion based on supposition that documents exist. Something more is needed to trigger disclosure under the regulations.20 [60] This part of the notice has also been de...

10. Evidence Brief: Restorative Justice [pdf, 340 KB]

    ...Sullivan and L. Tifft (eds). Handbook of Restorative Justice: A Global Perspective. London: Routledge. Bradshaw, W. & Roseborough, D. (2005). Restorative justice dialogue: the impact of mediation and conferencing on juvenile recidivism. Federal Probation, 69(2). Braithwaite, J. (1999). Restorative justice: Assessing optimistic and pessimistic accounts. In M. Tonry (ed). Crime and Justice: A Review of Research, 25. University of Chicago Press. Carruthers, D. (2012). Restorative j...