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1. [2023] NZEmpC 85 Joyce v Ultimate Siteworks Ltd [pdf, 166 KB]

   ...contemplates that an order for security for costs may, in effect, prevent a plaintiff from pursuing their claim. Nevertheless, access to the courts for a genuine plaintiff is not lightly to be denied. Therefore, such an order should only be made after careful consideration. However, a defendant is entitled to be protected against being drawn into unjustified litigation brought by an impecunious plaintiff, particularly where it is overcomplicated and unnecessarily protracted.5 [...

2. UL v Q Ltd [2023] NZDT 383 (29 August 2023) [pdf, 181 KB]

   ...reinstalled the software. He said that was why it was sold for less than a brand new one. As a consequence, it would not have the same lifespan as a brand new laptop, which ordinarily would be between 3 to 7 years, depending on how it was used and cared for. The laptop was therefore sold with only a one year manufacturer warranty. 5. UL provided an article from Consumer NZ concerning the reasonable life expectancy of household goods. It found that “while we expect a laptop or d...

3. Apply for a welfare guardian

   ...free to apply for a Welfare Guardian Order. Apply to have a welfare guardian appointed People who can apply for a Welfare Guardian Order for themselves or someone else are: a person who is totally unable to make or communicate decisions about their own care a relative or attorney of the person who the Order is for a social worker employed under the Children, Young Persons, and their Families Act 1989 a medical practitioner or doctor a representative of any non-profit group that provides servic...

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   3. Welfare guardians

4. Disclaimer & terms of use

   ...business losses, loss of revenue, income, profits or expected savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. The contents of this web space's terms and conditions will protect the Ministry of Justice's officers, employees, agents, subsidiaries, consultants and sub-contractors in relation to any losses you suffer in connection with the web space. These limitations of liability apply even if the Ministry of Just...

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5. [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [pdf, 173 KB]

   ...of limiting their exposure to this risk. A claimant may avoid this risk by abstaining from taking legal proceedings; but a party who is sued has no such alternative. It follows that, in fairness, defendants must have the means of gaining some protection from costs by making offers to settle by in some way meeting the claim. Plaintiffs should also have protection where defendants decline reasonable settlement offers. [57] Then there are the “public” aspects of litigation. I...

6. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...provisions where an Act does not adequately provide for a situation that should be provided for to enable the legislation to operate effectively. (d) This is an area of professional discipline, with the relevant legislation focusing on public protection and confidence regarding legal services. In that area the Tribunal should be cautious in allowing preliminary technical process issues, with no real bearing on the rights of the person charged or the substantive process followed, to p...

7. Coutts - Estate of James Pou (2008) 129 Whangarei MB 145 (129 WH 145) [pdf, 328 KB]

   ...MB 148 SMonk: Yes, he was just left behind and my uncle looked after him. Court: He raised him from what age? S Monk: About 3. Court: Right through his childhood? S Monk: Oh, off and on because between my uncle and his wife they both took care of him. They were both separated . R Potorata: ... and he'd go back to his ... Court: Did the mother of Trez ... ? R Potomta: He'd go back to his parents when he (sic) got out of jail. [13] Although Sharee Monk acknowledged Tr...

8. LCRO 106/2021 TH v QA (17 August 2021) [pdf, 149 KB]

   ...Standards Committee decision dated 30 June 2021 at [10]. 5 [32] In deciding to take no further action on Mr TH’s complaint, the Committee held:3 (a) Mr QA was not Mr TH’s lawyer. (b) The Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules) have minimal application to the relationship between a lawyer and a third party, such as here. (c) Mr TH’s allegations about Mr QA’s are serious and concern a matter that has been brought before the...

9. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [pdf, 242 KB]

   ...& [151]. 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 8 General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and … Work within limits of knowledge and skills 8. A licensed immigration...

10. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

    ...basis of other complaints: • Costs incurred for placing funds on term deposit and for preparing statements. Mr QP speculates that the funds may not have been placed on deposit. 3 • Potential breach of r 10.2 of the Conduct and Client Care Rules.1 • [Law firm K] was conflicted when it continued to act for Ms WO on her personal matters, including the purchase of another property. [Law firm K] response [13] [Law firm K] responded under the hand of two of its direct...