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1. LCRO 238/2017 VQ v CAR LIMITED (28 March 2019) [pdf, 271 KB]

   ...the background to its dealings with Mr VQ as described at paragraphs [3]–[12] above. [15] Prior to filing its complaint, CAR’s representative had discussed CAR’s concerns with a member of the Complaints Service staff. [16] The complaint filed by CAR does not specifically state that it is pursuing a complaint against Mr VQ, it is framed more in the nature of an inquiry to the Law Society. [17] But it is clear that CAR is expressing concern about the fees charged by Mr VQ....

2. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

   ...Authority (the Authority) notified the adviser of the complaint. [2] It is alleged that the adviser was negligent or breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code) by failing to exercise diligence and due care, since he filed an application which had little hope of success. Furthermore, he acted unprofessionally in offering to refund his fee if the complaint was withdrawn. [3] The essential issue to consider is whether, despite mistakes by the adviser,...

3. Pook v Matchitt - Matangareka 3B Block [2020] Māori Appellate Court MB 126 (2020 APPEAL 126) [pdf, 266 KB]

   ...Matangareka 3B [2019] Māori Appellate Court MB 167 (2019 APPEAL 167) at [60]-[62]. 9 Ibid, at [82]. 10 Ibid, at [83]. 11 Ibid, at [85]. 12 Ibid, at [86]. 13 Ibid, at [87]. 2020 Māori Appellate Court 129 Counsel has two months to file further evidence that supports the assertion that the amount paid was the responsibility of the trust and that the cost was fair and reasonable. To avoid doubt, if no such evidence is provided to our satisfaction then the orders of...

4. [2018] NZEmpC 8 Nisha v LSG Sky Chefs NZ Ltd [pdf, 1.4 MB]

   ...others, there would have been a windfall. It is inappropriate to deal with the interlocutory judgments on such a basis. I turn to deal with each one separately. Preliminary judgment A of 14 March 2014: application for leave to extend time to file a challenge18 [48] Ms Alim’s legal advisors attempted to file her challenge one day after the expiry of the 28-day period provided in s 179 of the Act for doing so. The error was that of her legal advisors, and not Ms Alim. Leave...

5. [2012] NZEmpC 10 Brunton v Garden City Helicopters Ltd [pdf, 77 KB]

   ...CHRISTCHURCH [2012] NZEmpC 10 CRC 10/10 IN THE MATTER OF proceedings removed from Employment Relations Authority BETWEEN BARRY EDWARD BRUNTON Plaintiff AND GARDEN CITY HELICOPTERS LIMITED Defendant Hearing: By memoranda filed on 11 July, 10 August and 26 August 2011 Judgment: 1 February 2012 COSTS JUDGMENT OF JUDGE B S TRAVIS [1] In my judgment 1 in favour of the defendant, which found that the plaintiff was not an employee, I reserved...

6. [2008] NZEmpC WC 4A/08 CE of the Department of Corrections v Tawhiwhirangi [pdf, 33 KB]

   ...unjustifiably dismissed and ordered his reinstatement: 1. Costs in the Employment Relations Authority. 2. Costs in the Employment Court. Preliminary matter [2] On 12 October 2007 a timetable was set for submissions on both remedies and costs to be filed by way of memoranda. Miss Buckett filed submissions as to compensation 1 day out of time on 18 October 2007 but did not address costs in those submissions. The plaintiff filed its submissions as to compensation and costs on 24...

7. McClutchie-Morrell v Te Runanga o Ngati Porou (2011) 13 Tairawhiti MB 121 (13 TRW 121) [pdf, 129 KB]

   ...Ture Whenua Māori Act 1993 (“TTWMA”). 1 [2] Whilst I did not necessarily encourage it, at paragraph 120 of that decision I left open the possibility that the respondent may seek costs if so wished. [3] Subsequently counsel for the respondent filed a memorandum dated 22 December 2010 seeking costs in the sum of $11,331.80. [4] On 27 January 2011, counsel for the applicants filed a memorandum opposing any costs being awarded to the respondents. Respondent’s Submissions [5]...

8. Odlin Family Trust v Hurunui District Council [2013] NZWHT Auckland 3 [pdf, 121 KB]

   ...such that the claim should be terminated? b) If not, is the Council liable to the claimants? c) If the Council is liable to the claimants, what is the extent of the Council’s liability? IS THERE A BINDING SETTLEMENT? [11] Prior to filing for adjudication, the claimants filed their claim in the Disputes Tribunal. The Disputes Tribunal declined jurisdiction. On 14 June 2012 Kerry Walsh of Hurunui District Council wrote to the claimants offering to settle the claim for...

9. Auckland Standards Committee 2 v Bogiatto [2017] NZLCDT 27 [pdf, 302 KB]

   ...the following deficiencies in the respondent’s trust account records and practices: a. The adequacy of the trust account supervision role of the respondent; b. The respondent’s use of the trust account for personal transactions; c. Specific file review issues which contravened the Act and/or the Regulations. 4 Failure to bank cheques in a timely manner [8] The respondent received and receipted cheques for money to be held on trust on behalf of clients on 5 occasions be...

10. Toilolo v Letalu [2014] NZIACDT 52 (15 April 2014) [pdf, 129 KB]

    ...protect his client. [3] The adviser has not challenged the statement of complaint, which set out these grounds. The Tribunal is satisfied the material before it requires that it uphold the complaint. The Statement of Complaint [4] The Registrar filed a Statement of Complaint. The Registrar identified material that supports the following grounds of complaint: [4.1] The adviser was negligent. [4.2] The adviser engaged in dishonest or misleading behaviour, by giving a false account to...