Search Results

1. [2020] NZEnvC 107 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 1.5 MB]

   ...decision in May 2020 of this year, we noted that this 2017 order included orders to: (a) Pay a portion of the proceeds of the sale of any land or equipment sold to the Regional Council in order to refund the Regional Council for paid consultant fees and fund further site assessments; (b) To redistil the waste at the site and/or dispose of the waste to a facility that is approved to receive such waste by 31 December 2017; and (c) To provide written reports to the Regional Council by 1...

2. Ngati Hine Forest Trust v Manihera - Ngati Hine H2B(2010) 12 Taitokerau MB 176 (12 TTK 176) [pdf, 129 KB]

   ...of between 80 per cent and 90 per cent. The total legal costs amounted to $26,392.50. [20] TPL 4 relied on several cases including a decision of Judge Savage10 and decisions of the Māori Appellate Court11 a) The dispute was in the nature of civil litigation and there was no case for a departure from the ordinary rules concerning costs; . Counsel referred to the principles discussed in those decisions and argued: b) Mr Manihera did not put his issues before the Court concerning...

3. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [pdf, 133 KB]

   ...failed to observe his fundamental duties when acting for his clients. Should Mr Zhao inform us the notice to lapse; [sic] we would definitely instruct him to defend the notice. [11] They sought compensation for their losses and a refund of all fees paid to Amicus Law. They also referred to the imposition of any “penalties and sanctions the Society deems fit”. The Standards Committee determination. [12] The Committee “did not consider that it was in any position to make a fi...

4. K v I [2018] NZIACDT 22 (18 June 2018) [pdf, 214 KB]

   ...generally regulates the profession, and it is necessary to deal these cases to achieve the objectives set out in s 3 of the Act. [24.3] The Tribunal is the only body given the powers to suspend licenses, cancel licences, or order the refund of fees and compensation. Those powers are potentially required to deal with the consequences of incapacity where a practitioner lacks awareness. [24.4] The Act has some indications that the Tribunal is not solely concerned with “discipli...

5. MZ v Sun [2019] NZIACDT 21 (15 April 2019) [pdf, 119 KB]

   ...the documents prepared by the client to Mr Sun. He would file the visa application with Immigration New Zealand and maintain contact with it. Mr Sun was not allowed to contact the client, except through the company’s staff. The company’s fees were set out in the agreement. [7] On 22 December 2012, the complainant entered into an agreement with the Shanghai company for services relating to a long term business visa for New Zealand. The agreement stated that the company provid...

6. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [pdf, 197 KB]

   ...assessment by NZQA of his overseas qualification. Due to the supervisor’s limited knowledge of such assessments, she referred the client to Mr Jin. [6] A client agreement was entered into between Mr Jin and the client on 14 November 2018. A fee of $600 was paid, in addition to NZQA’s fees. [7] On 16 November 2018, Mr Jin filed an assessment for qualification with NZQA on behalf of the client. It included a copy of a certificate in commercial cookery from a recognised Austra...

7. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

   ...giving rise to the grievance. This topic was considered and resolved by the Court in its substantive judgment.14 It is not appropriate to reconsider contribution at the costs stage. [29] Turning to disbursements, these were: a. Court filing fee: $204.44 b. Translation costs: $173.02 c. Half share of interpretation costs: $1,138.50 14 Kang, above n 3, at [182]−[183]. d. Hearing fee: $500.88 TOTAL: $2,016.84 [30] In my view, these disbursements were all reason...

8. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [pdf, 208 KB]

   ...have been prevented if not for Ms Hill’s conduct. [25] In respect of Ms Hill’s failure to have a written agreement, it is worth emphasising that she had accused the complainant of deliberately refusing to sign the agreement to avoid paying fees. [26] The complainant seeks reasonable compensation, the imposition of a penalty payment and a requirement that Ms Hill undertake specified training. A Table of Losses (undated) incurred by the complainant has been produced.2 Sub...

9. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...Ms DA pursuant to s 12(c) of the Lawyers and Conveyancers Act 2006 (the Act) in respect of six breaches of the Act, the Trust Accounts Regulations, and the Conduct and Client Care Rules made under the Act. [2] Ms DA was ordered to cancel her fees to Ms EB, and refund $2,117.24, which she and Ms EB say she has done. [3] Both parties were invited to tender submissions with respect to penalty orders and costs. Ms EB seeks compensation for anxiety and stress that she attributes to th...

10. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

    ...Submissions from the complainant [17] In an email from Mr Gu on 21 December 2020, it is submitted that although Mr Zhao did some work on the business plan, the complainant would not have entered into the agreement with Mr Parker and paid him professional fees had he known that Mr Parker was unable to fulfil his obligations. A full refund was therefore reasonable. [18] In addition, Mr Parker should pay compensation of $2,000 for distress. Mr Parker had been asked on 22 August 201...