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1. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...recordings, transcripts, text messages or WhatsApp communications were tampered with. I find that they have not been altered by Ms Kaur and are what they purport to be. [35] Despite Mr Singh’s first submission, he accepted that the Court of Appeal’s decision in Talbot v Air New Zealand Ltd applies; that is that the recording and consequent transcript are prima facie admissible.8 He submitted, however, that the prejudicial effect of admitting that evidence outweighed its probat...

2. [2023] NZEmpC 227 Pilgrim v Attorney-General [pdf, 280 KB]

   ...had earlier argued that the Court could not determine whether a person was an employee without at the same time identifying who their employer was. I did not accept that submission for reasons set out in the substantive judgment.7 The Court of Appeal has now indicated the approach taken was not incorrect in the circumstances.8 [12] The Gloriavale defendants submit that if (as I have already found) the plaintiffs were employees, the employer was Hopeful Christian in his capacity as...

3. Feaver v Accident Compensation Corporation (Work-Related Personal Injury) [2023] NZACC 210 [pdf, 438 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 210 ACR 215/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN SHONA FEAVER Appellant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Hearing: 3 October 2023 Heard at: Christchurch/Ōtautahi App...

4. Te-Au-Reka-and-Family-Court-Rules-Consultation-Paper-270923-v2.pdf [pdf, 940 KB]

   ...currently access in hard copy or email form. Changes to the Rules are likely to be needed, including to ensure that such access lasts for the appropriate amount of time. For example, we propose: o Parties can access their information until any appeal period has expired. o Lawyers would also be able to access information until any appeal period has expired. Te Au Reka will allow for situations where a party changes their lawyer, enabling access to the relevant information...

5. LCRO 131/2022 GN, YL and EK v FQ (30 June 2023) [pdf, 212 KB]

   ...concerns about his competency and ability had been referred to a panel of senior specialist family lawyers chaired by a QC, and that panel concluded that it could not identify any concerns regarding his competency and handling of the case; and (c) an appeal of that decision was made to the Family Court Judge who had primary responsibility for managing the case, and that Judge was also satisfied that he had acted appropriately in his role as lawyer for the subject person; and (d) 5 yea...

6. LCRO 109/2023 W and F JM v EB and MK [pdf, 221 KB]

   ...discussed by the High Court, which said of the process of review under the Act:3 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise...

7. LCRO 136/2023 QT v MZ (8 January 2024) [pdf, 220 KB]

   ...scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

8. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...under reg 29, it was precluded from considering the fees complaint unless special circumstances justified otherwise. 6 [33] The Committee cited two relevant judicial comments about the meaning of “special circumstances” from the Court of Appeal decision in Cortez Investments Ltd v Olphert & Collins,7 namely: (a) by Woodhouse P, that “special circumstances would be met where aspects of the facts seems to indicate a problem which had relatively unusual features while reas...

9. Whats New for lawyers providing Legal Aid

   ...Invoices for Specialist Reports Family Dispute Resolution – procurement update Client email addresses will be included in your letters Legal Aid Applications for Substance Addiction Act proceedings Legal Aid  - Refugee Practice Standards Court of Appeal judgment on the Legal Services Commissioner v Fawcett case Duty Lawyer Rostering Changes – Transition Plan & Survey   Issue with Westpac Corporate Online The Ministry is updating the process of providers returning to legal a...

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10. What happens next

    ...decision based on written submissions from the parties, that is, ‘on the papers’. Decision The Authority will send you and the Secretary for Justice a copy of its written decision. If you disagree with the Authority's decision There’s no right of appeal under the Legal Services Act 2011. The Authority’s decision is binding on all parties.

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