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1. KX v WA LCRO 84 / 2012 (30 April 2012) [pdf, 46 KB]

   ...Committee issued a decision in respect of a complaint made by the Applicant against the Practitioner. The Committee declined to uphold the complaint pursuant to section 138(2) of the Lawyers and Conveyancers Act 2006 (the Act). [2] The Applicant filed an application to have that decision reviewed. His review application was received by this office on 19 April 2012. [3] I am required to address the issue of whether the application for review can be considered as a matter a jur...

2. Tuaropaki Trust Trustees - Tuaropaki Trust (2008) 87 Taupo MB 104 (87 TPO 104) [pdf, 165 KB]

   ...fees paid to trustees are proper and to that end I adjourned the matter to chambers for a decision and invited counsel to file any further documents that he wished, to deal with the concerns that I had expressed. Counsel took that opportunity and filed an affidavit by Mr Wetera and a further memorandum. 87 Taupo MB 105 [3] The principles involved in fixing trustees fees are well known. The basic principle is that trustees work as a matter of honour and are not entitled to be paid...

3. CO v XM 2015 NZDT 887 (17 July 2015) [pdf, 67 KB]

   ...cambelt replacement and quoted her $1,050.00 for that work. She has since had the cambelt replaced for that amount and subsequently has spent a further $600.00 on CV joints and plugs and leads. Her original claim stands for $1,050.89 plus the filing fee. Issue [6] The issue to determine is did XM misrepresent the vehicle and if so, did that induce CO’s entry into the contract as per the Contractual Remedies Act 1979? [7] I find that XM did not misrepresent the car. All the st...

4. Auckland District Law Society v Comeskey [2009] NZLCDT 1 [pdf, 155 KB]

   ...will be publishing a story concerning Mr Comeskey and the proceedings before the Tribunal. Mr Comeskey points to the fact that he will be defending the proceedings and in his memorandum in reply to the opposition memorandum filed by the New Zealand Law Society, states through his counsel that he never knowingly or intentionally misled the Court, that being the matter which is the subject of the charge. [7] In support of their opposition to suppression...

5. [2017] NZEmpC 59 Y Ltd v Ms X [pdf, 117 KB]

   ...determination of the Employment Relations Authority AND IN THE MATTER of an application by the defendant to vary non-publication orders BETWEEN Y LIMITED Plaintiff AND MS X Defendant Hearing: On the papers filed on 19 and 24 April, and 9 May 2017 Appearances: No appearance for plaintiff P Tucker, counsel for defendant Judgment: 18 May 2017 JUDGMENT (NO 2) OF JUDGE K G SMITH Introduction [1] Ms X has applied...

6. Form 23D Fixed Fees A-C [pdf, 331 KB]

   ...Templates V15 – July 2018 page 3 Lead provider Please tick as appropriate: I am making a claim on a grant that has been reassigned to me. I am making a claim on a grant that has been reassigned to another provider. I have filed the Case Management Memorandum within the time frames as set out in 4.6 of the Criminal Procedure Rules 2012. I confirm that: • No other payment, remuneration or benefit has been or will be received in respect of this work (unles...

7. [2018] NZEnvC 062 Car Distribution Group Ltd v Christchurch City Council [pdf, 745 KB]

   ...CAR DISTRIBUTION GROUP V eee - S 11 6 DETERMINATION 2 Limited against part of a decision by Christchurch City Council granting it consent' to construct and operate a distribution and storage base for vehicles. [2] The appellant has now filed an application for early commencement of the resource consent under s 116 of the Resource Management Act dated 19 April 2018 and accompanying affidavit in support of Mr M Tibbs. Section 116 application [3] CDGL's application is m...

8. Gorges v Serco New Zealand Ltd (Referral back to Human Rights Commission) [2018] NZHRRT 12 [pdf, 233 KB]

   ...Commission attempts at mediation failed. Mr Gorges and Serco have different perspectives as to the reasons for that failure and no good purpose would be served by attempting a summary. [3] What is more relevant is that when these proceedings were filed by Mr Gorges on 18 January 2018 he was self-represented. That position has recently changed. By email dated 28 March 2018 Mr Robins, Senior Solicitor at the Office of Human Rights Proceedings, has given notice that the Director of Human...

9. Consulation Paper [pdf, 315 KB]

   ...percentage increase in payments over two consecutive years, and • comparison of the amount paid to the provider (relative to the number and types of cases) against amounts paid to other providers in that area of law. Workload: • number of legal aid files assigned during a financial year • the percentage increase in cases over two consecutive years, and • number of hours invoiced during a financial year in relation to the number of legal aid files (relative to the number and...

10. BH v YS and YSY [2013] NZDT 430 (21 March 2013) [pdf, 193 KB]

    ...being the amount of 2 weeks rent, was paid on 27 May 2012. [8] It may be that language difficulties have contributed to the confusion, but I find it difficult to believe that the Department of Building and Housing would decline to accept the filing of a claim for that reason. If it has, I would have great concerns about this. The very protection of tenants would be endangered if it was accepted that landlords would be able to place themselves effectively outside the jurisdiction o...