Search Results

1. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [pdf, 164 KB]

   ...[17] The client and Mr P met on 11 June 2019. She requested termination of the agreement. Mr P asked her to wait until he came back to her with advice about other suitable visas and notification of whether Kitson could refund 50 per cent of the fee. [18] Mr Yong rang the client on the same day seeking the reasons for the termination of the engagement. He would look at what other visas could be explored. Mr P followed that up, again on 11 June, asking her to consider migration to A...

2. Henaghan & Henderson v CAC 20002 & McDonald [2014] NZREADT 55 [pdf, 74 KB]

   ...legal advice. However we agree that this was not a case of there being multi-offers. [73] Mr Mulgan submits that the vendors have suffered loss as a direct result of mishandling by the licensees. He accepts that this forum is not a substitute for civil courts, but refers to our powers under s.93(1)(e) of the Act to “order the licensee to reduce, cancel, or refund fees charged for work where that work is the subject of the complaint”. He notes that the vendors paid commission to...

3. Enduring Power of Attorney (EPA) In relation to property [docx, 104 KB]

   ...explicitly stated in your EPA that your attorney can do so. However, unless you have explicitly stated in your EPA that they cannot do so, your attorney can, out of your property: recover reasonable out-of-pocket expenses recover reasonable professional fees and expenses (if your attorney has accepted appointment or done work related to your property in a professional capacity) deal with any property that you and your attorney jointly own if you and your attorney are married or in a civil union...

4. [2021] NZREADT 22 - Jenkins v The Real Estate Agents Authority, Roberts & Tai Rakena (14 May 2021) [pdf, 316 KB]

   ...it is not possible to rectify an error or omission) to order the licensee to make a payment as relief from the consequences of the error or omission. It recorded that the appellants had sought orders that the licensees reimburse them for legal fees due to late settlement ($6,822.25), penalty interest due to late settlement ($1,952.88), and for a refund of the full commission paid ($47,552.50), compensation for their anticipated loss if the purchaser made a claim against them ($50,0...

5. Legal aid criminal proceedings steps [pdf, 426 KB]

   Criminal Proceedings Steps – March 2012 Page 1 CRIMINAL STEPS Summary Jurisdiction June 2009 Step 1: Guilty Pleas (including sentencing) Activity Fixed Fees/ Guideline Hours Tasks normally covered by Guideline Hours Guilty Plea/Sentencing (both same day – no stand down) OR Charges withdrawn Flat fee of $220 including any disbursements For Taking instructions, attending the client Receiving and reviewing disclosur...

6. LCRO 37/2018 AH v OO (12 November 2019) [pdf, 166 KB]

   ...regarding the sale of the homestead property, and whether Mr OO satisfied his duty to take reasonable care; b. whether Mr OO’s conduct caused or contributed to the delays and cost escalation experienced in the subdivision process; c. whether the fees charged by Mr OO in respect of the subdivision were fair and reasonable as required by Rule 9 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (“the Rules”); and d. did Mr OO breach any of his profe...

7. Recording Industry Association of New Zealand v TCLE-A-T5877102 [2013] NZCOP 2 [pdf, 75 KB]

   ...of alleged infringing file sharing referred to in the infringement notices described above. [15] The Applicant claimed the sum of $215.10 for each of the three alleged infringements. It also claimed an additional sum of $750, together with the fees it had paid to TelstraClear for the issue of the infringement notices ($86.25) and the application fee it had paid to the Tribunal ($200). The total amount claimed was $1,681.55. 3 The Parties’ Submissions The Applicant...

8. LCRO 60/2023 VE v NB (30 April 2025) [pdf, 244 KB]

   ...breached rr 4.4.1 and 7.2 of the CCCR by refusing to provide copies of time records relating to our matter in response to our written requests for the same; d. Whether Mr NB breached any aspect of r 3.4(a) CCCR by failing to provide us with adequate fee information; 3 The original of the photo ID needs to be sighted and the copy certified as a true likeness which requires the certifier to either meet the person or by other acceptable means. 4 Application for review, above n 1, Supp...

9. PQ v Hakaoro [2013] NZIACDT 59 (17 September 2013) [pdf, 118 KB]

   ...Compensation [24] First, there are orders for compensation. They do not have a penal component. They are effectively a statutory jurisdiction to allow complainants to recover loss and compensate for harm. The losses may well be recoverable in other civil recovery proceedings. The policy appears to be an expedient means of giving relief for civil breach of contract or other duties, and conferring it on this Tribunal as it is seized of the relevant facts. [25] Given the apparent policy be...

10. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

    ...Assignment prior to settlement of the purchase. She says that she advised Ms AL as soon as she became aware of the fact that a claim had been paid out “but nothing was done”. [14] Ms UT claims the amount of the EQC payment ($12,407.66) and the fee of $172.50 rendered by the Estate solicitors. She also seeks compensation in the form of interest on the amount of the EQC payment for a minimum period of three years. The Standards Committee determination [15] The Committee iden...