Search Results

1. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...Ms CC had conducted themselves in an unprofessional manner. 17 [109] Mr AA now seeks to have his case established in a disciplinary forum. He is endeavouring to use the complaints process as a forum to relitigate his employment dispute. [110] When the Committee delivered its decision in September 2017, Mr AA had extant proceedings before the Employment Court. It is clear from an examination of those proceedings that Mr AA had ample opportunity to have the Court address his c...

2. [2022] NZACC 45 – Williams v ACC (22 March 2022) [pdf, 451 KB]

   ...better today. Back and neck settled down. The next day the shoulder and arm were very sore so saw massage therapist which helped. Still had to take medication and still woke at 4 am instead of 1 am. A lot of improvement around the spine. [110] The notes recorded that the appellant was “improving”. [111] At the next appointment on 14 April 2018 similar manipulations occurred including to the C6 joint, which had been the subject of manipulation on the previous visits. Th...

3. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...indifference displayed to advancing Mr HN’s claim over such a lengthy period of time, bordered on the cavalier. [109] It is against that background, that the Committee’s decision to impose a censure and substantial fine must be considered. [110] I accept the submission made for Mr ZW that imposition of a censure is a matter of significance for a practitioner. As noted by the Court of Appeal in New Zealand Law Society v B, “a rebuke of a professional person will inevitably be...

4. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...complaint of Mr Ji working with any other clients of Mr A in any unlawful or unprofessional manner, nor of him working with other unlicensed immigration advisers. The Registrar’s suspicions may be justified, but the evidence is lacking. [110] The 15th head of complaint is dismissed. OUTCOME [111] The 1st, 2nd, 3rd, 4th, 6th, 9th, 11th, 12th, 13th and 14th heads of complaint are upheld. Mr Ji has breached cls 1, 5, 7(a), 17(a), 17(b), 17(c), 18(b), 19(l), 22 and 31(a) of th...

5. [2021] NZEmpC 198 Head v Chief Executive of the Inland Revenue Department [pdf, 388 KB]

   ...as discussed.48 Second, it is necessary to take account of the access to justice issue also discussed earlier.49 [109] To reflect these factors, we think it is appropriate to reduce the starting point figure by 20 per cent, to $148,204. [110] We turn now to the position of Madison. Its claim has been brought on a 2B basis, which the plaintiffs accept is appropriate. We agree, given the more straightforward nature of its attendances, particularly with regard to disclosure. [...

6. LCRO 15/2021 JBC Limited v KD (24 August 2021) [pdf, 209 KB]

   ...invoice. [109] There must be clear evidence that the Committee has turned its mind to each invoice issued, and to whether the fee charged in that invoice fairly and reasonably reflects the legal work undertaken and to which the invoice relates. [110] I emphasise that the Committee’s conclusion that Mr KD’s fees were fair and reasonable, may be correct. Indeed, at first blush, those fees do not appear excessive. I am mindful, for example, of Mr KD’s comparison between his fee...

7. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...212, [2017] ERNZ 617. 11 See para [76] above. 12 Employment Relations Act 2000, s 103(1)(b). 13 Clause 18. 14 Clause 22. [109] But these provisions do not, in and of themselves, relate to re-employment in a subsequent season. [110] The parties’ agreement as to re-employment was expressed in cl 22.2.15 The clause contained several conditions for re-engagement: the employee had to be ready, able and willing to commence work when required, to complete the employer...

8. Legal aid grants June 2021 [xlsx, 84 KB]

   ...Civil 6,167,221 6,168,984 6,356,325 5,404,373 6,186,983 5,599,516 5,748,427 6,088,199 6,474,832 6,957,760 +7% Waitangi Tribunal 12,642,289 9,161,990 12,503,122 13,879,009 13,663,534 15,487,388 15,871,030 16,409,801 15,181,263 20,724,947 +37% Total 127,997,048 102,268,986 109,532,415 119,110,239 125,406,122 132,281,857 147,865,231 165,805,345 178,478,198 211,738,984 +19% 2.Grants by region Table 2a: Number of criminal legal aid grants, by region, 2011/2012 - 2020/2021 For more informat...

9. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...on the retainer.” [108] There is no principled reason why this should not apply to fees information. [109] As indicated above, in longer retainers, lawyers tend to meet these obligations by the processes of either monthly or event billing. [110] Urgent and relatively fast-moving retainers, such as was Mr TG’s, are nevertheless subject to the same obligations as to information and progress updating and this can be met very simply by a letter, email or discussion in person. [111...

10. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

    ...NZEmpC 136, [2016] ERNZ 628. apply for further orders if the parties are unable to reach agreement as to the quantum of the remuneration. (c) Oranga Tamariki is to pay Mr Baillie compensation under s 123(1)(c)(i) of the Act of $30,000. [110] Costs are reserved. The parties are encouraged to reach agreement about them but if that is not possible memoranda may be filed. K G Smith Judge Judgment signed at 10.30 am on 16 December 2022