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accepted action administrative adopted Appeal apply appointment approach Auckland authority benefit cause child circumstances claim Commission Committee common concerned consideration considered contract Council course Court of Appeal criminal decision defendant determined documents domicile duty effect evidence exercise existing expressed fact further gift give given held important income intent interest involved issue Journal Judges judgment jurisdiction Justice land lawyers legislation liability limited live Lord matrimonial matter means notice NZLR objective obtained offence particular parties person planning position possible practice present principle problem proceedings profession proposed protection provision purchase question reason recent referred regard relating Report respect result rule scheme Society solicitor suggested Supreme Court taken trust Wellington wife Zealand