"I was a witness in Court recently in a criminal case and I was treated really badly. I was searched and then left on my own for over an hour and even then I was not offered and tea or coffee. I think there should be far more done for witnesses.
Donna . . . . South Auckland - February 2007 "
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"A helpful site. Explained well. Marty - Timaru - January 2007"
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"Really great practical stuff!! All your civil ltigation topics are good. Mike H. Auckland. April 2007"
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"I agree. Just having the documents set out helps to understand the theory of practical law. Manu G. May 2007"
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"I used this topic three weeks ago and my documents looked great. helped me focus my mind, as did a number of the other civil topics. Hank. - Auckland"
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"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
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"Great assistance. I agree with the above. Your civil topics are great. Better than we get at Polytech where I am studying Business Law. Terry -Dunedin - June 2007"
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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Thanks Netlaw. Rolf - Auckland"
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"Very, very helpful topics on Employment law, procedure, contracts and tips. Well worth the cost.
Company name withheld by request."
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"Great to be right up to date with the new Evidence Act. Richard G. - Wellington"
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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
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"Helpful, but can you give us some more caselaw? I like the rest of your topics. Barry - North Shore"
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"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"
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"My wife and I found this a valuable site. We discovered that the Court staff were not very helpful so if you are filing your own papers then you should make sure you convince them that you know what you are talking about. In the end, the Court staff realised that we knew as much as any lawyer on the topic and we won most of what we wanted. Thanks to you people at Netlaw.
G & J June 2007"
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"Hi Richard
I would like to get your thoughts on a proposal I am thinking of putting to our neighbours at a Settlement Conference on Monday. They have applied for an Order to have trees removed in our property under Section 129C of the Property Law Act 1952. It looks unlikely that either party will concede so I was going to suggest that both parties agree to the Conference Judge making a decision based on the facts presented and on the Property Law Act provisions. We would agree to abide by the decision and not appeal providing our neighbours agreed to do the same. This would save the expense and time of a full Court hearing if we otherwise dont reach settlement through the Monday Conference. The outcome should be the same-we are both representing ourselves. I guess if the Judge decides an Order for removal should be made he would have to formalise this through a Court procedure in terms of the Property Law Act but hopefully not through a normal hearing. Would appreciate your comments on this approach. Has it been done to your knowledge, is it feasible, are there any fatal flaws in the idea ?
Cheers Barry C. June 2007"
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"Good Morning,
Anything can be done as a Judicial Settlement Conference provided it is done "by consent". We have not heard of a binding decision being made by a Judge at such a Conference in the Civil Court but is has been done by agreement in the Family Court particularly in the urgent situations of Christmas access being arranged at the last minute and the Judge convening a Mediation Conference and both parties agreeing that the Judge can determine such access on the facts.
But there is nothing to stop you trying to persuade the other side to let the Judge make a decision the Judicial Settlement Conference. However, the Judge would have to have all of the information before him or her at the time and this will include photographs and possibly even going out to have a "view" of the site. We have long advocated that there ought to be a system like this within our judicial system, perhaps by way of a souped up Disputes Tribunal presided over by a trained but energetic and innovative legally trained Referee. But we have not got to that stage yet.
By all means, give it your best shot on Monday. Put your case forward in a very well-prepared manner and be totally objective and fair-minded. you may well find that the Conference proceeds in a way favourable view and therefore you are entitled to drop into the discussions from time to time "Well, Judge, why cannot be settled on that basis?" You might well find that the other side does settle and agree and the Judge this then able to wrap it all up with an appropriate order.
Best of luck . . . Netlaw
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"Thanks Netlaw
The Judge has all the lengthy affidavits, photos etc and I agree he would really need to see the site. Will give it a shot and thanks for your prompt response and encouragement.
Cheers . . . Barry - June 21 2007
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"Bloody, bloody, bloody helpful. Worth the $45 alone!!! I threatened my neighbours (nicely) with a letter and a bundle of the documents you suggested and they agreed to take down two trees. No lawyers involved. You guys empowered me and I did it myself, successfully. Jim D. Blenheim"
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"Thanks Netlaw,
You really gave us the tools to go into court and have a confidance that we were doing the right thing. After 4 court sessions we agreed with our neighbour on the work to be done and a consent order was issued by the court. The trees are now gone and we can look forward to sunlight on our house in the winter. You are helping average joe kiwi to get his rights.
Thanks, Matt - Taupo, February 2008
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"Very helpful . . . McBreen"
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"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
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"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
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"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
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"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"
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"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.
Thanks so much :)))"
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"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
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"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
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"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this
Netlaw answers: Good morning,
You posted a blog on Netlaw this morning. We reply as follows.
Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.
Cheers . . . . Netlaw"
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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
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"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)
Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."
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