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1. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...also that party’s representative in the Authority but was not permitted to give evidence from the Bar to contradict a witness’s account of what was or was not said in the Authority. [4] In all the foregoing circumstances, there is little or no probative value in pursuing such alleged inconsistencies in evidence between the two bodies, at least where there is a denial by the witness about the content of what was said. As occurs in some cases, there was not any record by the Auth...

2. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...when the land was gifted to Patrick is a central issue in relation to this application, the question of her testamentary capacity in relation to these wills is not before the Court. As yet, her other Māori land interests remain un- succeeded and probate has not been granted in respect of any of the wills. [6] On 24 October 2001 Martha (as applicant), Ihaia and Patrick signed an application under section 164 whereby Martha was to gift the land to Ihaia and Patrick. A local solicito...

3. Request for proposals: Statistical modelling to support the Investment Approach to Justice [pdf, 534 KB]

   ...current use of health and education services, and so forth. o We will ask the provider to undertake, if possible, qualitative research to understand how each segment views itself and the Justice Sector, and how frontline staff such as police and probation officers views the segment (note: we will contract for this separately if the chosen provider does not have this capability). 4. Crime Forecasting – Application of crime risk models to forecast future crime rates: o We expect the pr...

4. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...evening when changes to four databases were made. b. Was made at a time of intense emotion as a result of a breakdown of a commercial relationship. c. It is submitted that the prior experience of my client through his career in real estate is a probative factor in deciding that the uniqueness of the breakdown in the commercial relationship was the driving determinant for that behaviour, and that his behaviour would not be repeated against members of the public. d. That the changes t...

5. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...special circumstances that would make it inappropriate. Unless the court already has sufficient information, the judge will ask for a report on the offender’s ability to pay you for any loss or damage to your property or harm you have suffered. The probation officer preparing the report will talk to you about this. If reparation is not ordered, the judge must say why. Reparation cannot be ordered for harm covered by accident compensation, and if you have received insurance for any loss o...

6. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...http://www.legislation.govt.nz/regulation/public/2011/0374/latest/link.aspx?search=sw_096be8ed815807c9_6.20_25_se&p=1&id=DLM4073154#DLM4073154 185 Waiariki MB 296 (b) It must appear that the document may be or may have been in the possession, custody, or power of the non-party; and (c) The documents must be relevant. [34] The Court will also have regard to the probative value of the documents being sought and whether the order is necessary. Discussion [35] It is c...

7. Returning-Offenders-Management-and-Information-Act-2015_FINAL.pdf [pdf, 1.6 MB]

   ...community-life following a prison sentence, and ongoing supervision by the Department of Corrections to protect public safety. 12 All returning prisoners are automatically subject to standard conditions. This includes requirements like reporting to a probation officer and undertaking a rehabilitative needs assessment where directed. Additionally, Corrections may apply to the Court for the imposition of one or more special conditions on returning prisoners.2 Special 1 R v Poumako [2000...

8. Paea v McLeod - Succession to Donald Te Whetu McLeod [2024] Chief Judge's MB 1982 (2024 CJ 1982) [pdf, 564 KB]

   ...did not understand what he was signing as he had dementia. He was also never acknowledged the applicant as his daughter and that her mother had a number of children from different unions. [36] The deceased died on 10 November 2021. A grant of probate for his will was awarded on 24 January 2022. Jacinta was appointed executrix of that will. She is the sole beneficiary. [37] Ms McLeod denied placing any pressure on the deceased. She claimed the deceased had limited contact with the...

9. Wellington Standards Committee v CLS [2014] NZLCDT 80 [pdf, 412 KB]

   ...to date and a copy of the accounts for OTW. 13. In mid June CLS told T that he would speak to agents and brokers within weeks about the sale of OTW. T also provided CLS with the contact details of two prospective buyers for the company. 14. Probate was granted on 27 July 2009. 15. From 3 August 2009 Ms B emailed CLS regular reports setting out details of work she had completed for OTW. 16. On 14 August 2009 T emailed CLS to advise that she was still seeking details of his fees...

10. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

    DOUBLE SIDED Decision No, C\ <; 1 12003 IN THE MATTER of the Resource Management Act 1991 IN THE MATTER of an appeal under section 120 of the Act BETWEEN CLIFFORD BAY MARINE FARMS LIMITED (RMA 172/03) THE DIRECTOR GENERAL OF CONSERVATION (RMA 103/01) FIDENDS OF NELSON HAVEN AND TASMAN BAY (INC) (RMA 114/01) Appellants MARLBOROUGH DISTIDCT COUNCIL Respondent BEFORE THE ENVIRONMENT COURT Environment Judge J R Jackson (presiding) Environment Commissioner C E