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1. Gupta v Dhar [2017] NZIACDT 11 (4 August 2017) [pdf, 231 KB]

   ...adviser’s current licence. The 9 Tribunal will reserve leave to alter the date of cancellation to avoid unnecessary disruption to the adviser’s practice. However, the adviser must pay the financial penalty, compensation and refund fees before making any application for a provisional licence. Compensation and the refund of fees [39] In relation to compensation, it is necessary to establish both a causal nexus between a professional breach and a loss. [40] The Tr...

2. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [pdf, 213 KB]

   ...call logs and text messages. [19] In response to further questions from the investigator, counsel said on 27 September 2017 that the complainant did not sign any contract with Ms Tian and that he paid her a total of $24,000, including school fees. Apart from $7,000 transferred by the bank on 16 February 2017, the remainder was paid to Ms Tian in cash. [20] The Authority wrote to Ms Tian on 22 October 2019 informing her of the details of the complaint and inviting her explanatio...

3. BR v CS LCRO 226/2013 (20 October 2014) [pdf, 45 KB]

   ...aggrieved to exercise. [16] In this instance, it could be argued that it would not be reasonable to expect Mr BR to institute proceedings to recover $6,500. Nevertheless, Standards Committees and this Office will not be drawn into acting as a de facto civil court when determining complaints about a lawyer’s standard of competence. [17] Having made these observations, it is useful to have regard to judgments of the courts in negligence cases when considering whether a lawyer has reach...

4. [2023] NZEnvC 090 Cossens v Queenstown Lakes District Council [pdf, 173 KB]

   ...actual costs incurred, I consider a more conservative award is appropriate. Moreover, the matter was ultimately decided on the papers and did not require any formal hearing time. I therefore consider a contribution of $1,500 to QLDC’s legal fees is appropriate. [14] QLDC also seek disbursements of $200, relating to the Strike Out Application filing fee. I consider that recovery of this is reasonable in the circumstances. QLDC’s Strike Out Application was a reasonable respons...

5. 2020 NZEnvC 143 Envrionmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 7.2 MB]

   ...Documents) Rules 2017 [3] Ms Smith has requested access to the formal court record. Rule 8(1) of the District Court (Access to Court Documents) Rules 2017 stipulates that every person has the right to access the formal court record relating to a civil proceeding. The formal court record is defined by Rule 4 as documents kept in the registry of the court and include a register or index, a published list that gives notice of a hearing, a judgment, an order, or a minute of the court ,...

6. National Standards Committee v Shand [2019] NZLCDT 10 [pdf, 306 KB]

   ...against the Law Society is neither expressly prohibited nor discouraged by the Act. (d) The ambit of the Law Society’s responsibility in deciding whether to bring disciplinary proceedings is far greater than for a litigant bringing ordinary civil proceedings. The Tribunal is dependent on the Law Society to bring properly justified complaints of professional misconduct to its attention. Accordingly, the Law Society has an independent obligation of its own to ensure that the Tri...

7. [2024] NZIACDT 05 - UT v Lawlor (18 January 2024) [pdf, 148 KB]

   ...(Immigration NZ), the couple is married. [6] On 12 January 2022, the partner entered into an immigration services agreement with Mr Lawlor. He would prepare and lodge a resident visa application under the 2021 Resident Visa instructions. The fee was $2,500, including GST, but excluding the fee of Immigration NZ. It was payable in instalments. The partner had paid a total of $4,630 by 14 February 2022. [7] Mr Lawlor lodged the visa application with Immigration NZ on 29 April...

8. LAT Form 1 - Application for Review [pdf, 1.6 MB]

   ...Decisions relating to applications for payment of costs against an aided person This refers to a decision of the Commissioner relating to an application filed by an opponent of an aided person seeking payment of costs as a result of an order made in civil proceedings against the aided person. For more information visit www.justice.govt.nz/tribunals/lat Legal Aid Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals/lat LAT 05/11 - 1 Z Z Part 1: Applicant’s i...

9. [2020] NZEmpC 87 Freeborn v Sfizio Ltd [pdf, 241 KB]

   ...this stage unrepresented.2 [5] When considering Ms Freeborn’s personal grievance, the Authority concluded that the dismissal was unjustified and that Sfizio should pay her $2,000 as compensation for humiliation, loss of dignity and injury to feelings; $640 gross as recompense for wages lost as a result of the dismissal; $112 gross being wages payable for working on a particular day; and a filing fee reimbursement of $71.56.3 [6] The Authority’s determination cited Sfizio only as...

10. Application for Legal Aid Tribunal Review [pdf, 1.9 MB]

    ...Decisions relating to applications for payment of costs against an aided person This refers to a decision of the Commissioner relating to an application filed by an opponent of an aided person seeking payment of costs as a result of an order made in civil proceedings against the aided person. For more information visit www.justice.govt.nz/tribunals/lat Legal Aid Tribunal Page 1 For more information visit www.justice.govt.nz/tribunals/lat LAT 05/11 - 1 Z Z Part 1: Applicant’s i...