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1. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

   ...professional obligations. [2] The complaint arose out of Mr De’Ath’s representation of Mr S in relation to a work visa application. The prospective employer was Mrs Jenelle Green who, together with her husband, owns a dairy farm. They paid his fees. For reasons which are not relevant, the processing of the visa application by Immigration New Zealand was delayed, but it was ultimately successful. [3] The complaint against Mr De’Ath largely arose out of his misunderstandi...

2. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

   JAMES SMALLEY v HAMILTON HINDIN GREENE LIMITED [2024] NZEmpC 195 [9 October 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 195 EMPC 188/2024 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for an order that the Employment Relations Authority investigate the matter which is before the Employment Court B

3. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...WN and his wife two weeks after Ms ZD had left the firm, and before the hearing was to proceed. This was sufficient time to allay any concerns there may have been as to whether Ms ZD had advised her clients that she was leaving the firm. (d) Fees charged were fair and reasonable. Application for review [19] Mr WN filed an application for review on 21 November 2018. The outcome sought is that there be a recognition that he and his wife have been victimised twice, first by a bui...

4. CEIT Member: Position profile [pdf, 90 KB]

   ...sought in a tribunal member: Qualifications and Experience Every Tribunal member should have: • A legal qualification, although possession of a current practising certificate is not essential. • Experience and background knowledge in civil litigation and tribunal processes and/or alternative dispute resolution. • Experience in decision-making and decision writing in arbitration, adjudication or judicial proceedings. • Training and experience as a mediator would be help...

5. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

   ...purposes of sch 2 of the Epidemic Preparedness Act 2006. Parties’ submissions [32] On 13 April 2020, Ms FL forwarded the Review Office an email attaching her review application. [33] Ms FL’s application did not include the required filing fee. In her email she said that she could not locate a bank account number into which she could deposit the filing fee. [34] She also said the following in her email: Unfortunately when I sent the original application through it was not r...

6. Samuels v Matauri X Incorporation – Matauri X Incorporation (2009) 7 Taitokerau Appellate 216 (7 APWH 216) [pdf, 146 KB]

   ...application of those objectives”; f) The lower Court did not characterise Mr Samuels’ substantive application as one where there was fault or breach by one of the parties of their legal obligations or duties or as one that was akin to a civil matter with two competing parties involved; g) The substantive application was not described as frivolous or vexatious in the substantive judgment. The description of Mr Samuels’ claim as “lacking merit” or “opportunistic” in...

7. XN v Ji [2019] NZIACDT 49 (19 July 2019) [pdf, 176 KB]

   ...advisers. [4] The agreement between the complainant and Globe, dated 2 September 2014, stated that the complainant appointed Globe as her agent for an application for residence under the investor category. A fee of RMB 60,000 (excluding third party fees) was payable. According to the complainant’s undated statement filed in support of her complaint, she was also required to pay a fee of NZD 25,000 for a solicitor in New Zealand and RMB 80,000 for “the immigration application...

8. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   ...advance of the judicial conference scheduled to address WIAL’s request for an adjournment and other relevant matters on 18 April 2018. Background 2. As the Court is aware, WIAL is seeking further consideration by the Director General of Civil Aviation (DG) as to an acceptable runway end safety area (RESA) specification at Wellington Airport as part of WIAL’s proposed runway extension. 3. After careful scrutiny of the Supreme Court decision and with the assistance from i...

9. Van Wey Lovatt v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 150 (24 September 2024) [pdf, 165 KB]

   ...as time and preparation. Furthermore, the Rules of Court made no provision for so-called “Baigent costs” as disbursements. [5] The Court accepted that there was a reasonable likelihood that disbursements in the nature of photocopying and fees in support of electronic communications had been incurred and, in its discretion, awarded disbursements in the sum of $100.00. Leave to Appeal [6] Dr van Wey Lovatt seeks leave to appeal the Costs Decision to the High Court on two ques...

10. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

    ...significantly, dishonest, which was sustained for a period of approximately eight months from October 2018 to June 2019. [18] It is acknowledged that Ms Mackintosh had accepted her wrongdoing and offered to remedy the mistakes, including repaying the fee of $1,150. For that reason, despite the finding of dishonesty, it is submitted that suspension is not appropriate. However, it is appropriate to impose a penalty at the higher end of the scale in order to reflect her dishonest...