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1. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

   ...complaint has been partially upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [81] A timetable is set below. Any request that Ms Tian undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Timetable [82] The timetable for submissions will be as follows: (1) The Authority an...

2. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...person or is otherwise unsuited to engage in practice as a lawyer”. [8] We must therefore assess the charges laid by the Standards Committee and determine whether conduct falling within s 7(1)(b)(ii) has occurred. In doing so, we apply the civil standard but we are mindful of the seriousness of the charges and that we must be satisfied that they are clearly made out. Issues [9] The charges give rise to the following issues: 1. What did Mr Duff mean when using the word “ca...

3. [2024] NZREADT 35 – CAC 2108 v Barfoot Thompson (20 September 2024) [pdf, 143 KB]

   ...disciplinary process that is independent, transparent, and effective. [32] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appro...

4. Walters v Walters - Te Kohanga Lots 1 & 3 - 27 [2024] Chief Judge's MB 1357 (2024 CJ 1357) [pdf, 320 KB]

   ...amicable timely manner. I am requesting you return my shares (a third each) in the land by way of Gift back to me. Enclosed is the ‘Application for Vesting Order’ that you need to complete and have submitted (along with payment of any application fees applicable to be at your cost) to the Land Court within 21 days. If this has not been actioned by the 28th August 2020, I will proceed with my Application to the Māori Land Court to have this rectified. Kōrero whānui Backgr...

5. Payments to Legal Aid Firms 2021 [pdf, 1.1 MB]

   ...Andrew Comeskey - Barrister Auckland 103,422.71 The payments to firms are for legal services provided by approved providers under the legal aid schemes and may not have been made directly to any individual named in this report. The payments include the fees of approved providers, including those claimed on behalf of other approved providers, and disbursements for general office costs, travel costs, and special disbursements, which include fees for agents, expert witnesses, forensic tes...

6. Payments to Legal Aid Firms 2022 [pdf, 1 MB]

   ...Payments to Firms 1 July 2021 to 30 June 2022 The payments to firms are for legal services provided by approved providers under the legal aid schemes and may not have been made directly to any individual named in this report. The payments include the fees of approved providers, including those claimed on behalf of other approved providers, and disbursements for general office costs, travel costs, and special disbursements, which include fees for agents, expert witnesses, forensic tests,...

7. Regulatory Impact Statement Tribunal Enhancements [pdf, 257 KB]

   ...7       These referrals come from the Complaints Assessment Committee, which are independent judicial panels that make decisions on      complaints referred to them by the Real Estate Agents Authority.  13  44. The  awarding  of  costs  in  civil  courts  is  discretionary,  although  generally  there  is  a  presumption that costs follow the event and the successful party is entitled to costs against  the  unsuccessfu...

8. Overview Trustee Ltd as trustee of the Carrigafoyle Trust v Cook & Anor as trustees of the CC Trust [2011] NZWHT Auckland 35 [pdf, 309 KB]

   ...2 Re Collier (A Bankrupt) [1996] 2 NZLR 438 (1996) 10 PRNZ 145 CA30/96 Richardson P, McKay J, Temm J. 3 HC Christchurch CP131/88; B28/91, 18 August 1995. http://www.brookersonline.co.nz/databases/modus/civil/mcg/link?id=CASE%7eNZ%7eNAT%7eHC%7e1995%7e19446&si=57359&sid=rxrsnnouvrkdhfo6gtmpx0apkjggmj3d&hli=0&sp=mcg http://www.brookersonline.co.nz/databases/modus/civil/prnzcc/link?id=CASE%7eNZ%7eNAT%7eCA%7e1996%7e7257%7eHEADNOTE-PRNZ&...

9. Regulatory Impact Statement: Unilateral cancellation of voluntary time payment arrangements for unpaid fines [pdf, 733 KB]

   ...time. 7 These referrals come from the Complaints Assessment Committee, which are independent judicial panels that make decisions on complaints referred to them by the Real Estate Agents Authority. 13 44. The awarding of costs in civil courts is discretionary, although generally there is a presumption that costs follow the event and the successful party is entitled to costs against the unsuccessful party. This presumption does not equally apply across all tribunals. The...

10. Electoral Amendment Bill - Changes to Political Donations Setting [pdf, 357 KB]

    ...general public due to the increase in available information, while minimising the costs to political parties, candidates and the Electoral Commission. Stakeholder views were sought on an initial package of seven proposals. Feedback from academics, civil society organisations, professional bodies, and the general public was generally supportive of the effect the proposed changes would have on improving transparency and openness. Feedback from party secretaries was varied, with some...