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1. Before the trial

   ...particular address, reporting to the Police every day and not being allowed to drive. The duty lawyer advises Oliver to apply for legal aid because Oliver earns little money and the offence is so serious. He also helps him complete the application form. Depending on their financial situation, an offender may have to pay towards their legal aid or have to pay it back at a later date. The local Legal Aid office writes back to Oliver within 24 hours of getting the application. The l...

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2. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...received from tenants (charges 1 to 3). In each case, it was only after the defendant was threatened with the Police by the client that he made repayment. [3] The Committee further alleged that the defendant then wilfully failed to comply with its requests for relevant records when investigating the matter, including failing to comply with a formal notice issued under s 85 of the Real Estate Agents Act 2008 (charge 4). In respect of that charge 4, we had “no hesitation” in finding...

3. Lunjevich - Ahipara A7 and Paihia 3B4A2B (2012) 35 Taitokerau MB 148 (35 TTK 148) [pdf, 124 KB]

   ...children, the oldest of whom are apparently in their 60s. His only Māori land interests are in Ahipara A7 and Paihia 3B4A2B. [3] On 16 December 2008 the Court received an application under ss 158 and 164 in the name of Mr Lunjevich. The application form was unclear as to what shares Mr Lunjevich proposed to gift to Brenda. It referred to Mr Lunjevich’s .6280 shares in Ahipara A7 and his 15.0190 shares in Paihia 3B4A2B but failed to specify whether it was all or some of the sha...

4. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...Standards Committee [2013] NZHC 83 Winkelmann J and Lang J 4 to continue to practise as a lawyer. Charges involving proven or admitted dishonesty will fall into this category.” However the Court went on to say: “In cases involving lesser forms of misconduct, the manner in which the practitioner has responded to the charges may also be a significant factor. Willingness to participate fully in the investigation process, and to acknowledge error or wrongdoing where it has...

5. Auckland Standards Committee v Mellett [2014] NZLCDT 46 [pdf, 73 KB]

   ...lender and borrowed sufficient funds to rectify the matter and ensure the barrister was paid, paying interest at the rate of 27% in order to do so. [13] More serious were the trust accounting steps taken to cover these difficulties, and these form the subject of Charge 2. Charge 2 [14] This charge pleads misconduct in terms of s 7(1)(a)(i) and or (ii) and is denied by the practitioner. This charge relates to the allegation that in order to conceal the fact that insufficient fun...

6. [2010] NZCA 563 CA500/2010 Melville v Air New Zealand Ltd [pdf, 37 KB]

   ...concerned she might miss out if something was not done. She had read the 90-day reference in the collective agreement but thought the union would have her best interests at heart. She did not know how to move the matter forward and did not expressly request the union to raise her grievance with the defendant. She left it in the hands of the union to progress the matter. Mrs Melville confirmed that she had told Mr Townsend that she wanted her job back. [14] X gave evidence that at no sta...

7. Musese v Min [2013] NZIACDT 24 (04 April 2013) [pdf, 119 KB]

   ...work in New Zealand. Mr Musese agreed with Global Visas that the fee he had paid would be applied to seeking appropriate visas for New Zealand instead of Australia. [8] On 30 June 2011 Mr Musese received a job offer in New Zealand, and Global Visas requested a copy of the relevant documentation to progress the matter. This included personal documents such as medical and police clearances. [9] Mr Musese became aware that Global Visas (Cape Town) did not have any personnel who were lic...

8. Murphy-Peehi - Te Uta Murphy-Peehi Family Trust (2016) 362 Aotea MB 121 (362 AOT 121) [pdf, 236 KB]

   ...Peehi Family Trust. Te Uta Hibbard [10] Initially Te Uta Hibbard consented to her entitlement being vested in the Hibbard Family Trust however at the hearing she changed her mind. Rather she wished to receive the interests absolutely. She also requested that the Atihau Whanganui shares be distributed equally to the 13 beneficiaries. [11] Following the hearing Te Uta Hibbard sent a letter to the Court. She reiterated her desire to receive her beneficial entitlement to the Māo...

9. [2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 233 KB]

   ...following the filing of the discontinuance.3 [3] That left a significant issue as to non-publication of name, which this judgment resolves. [4] The circumstances are a little unusual. In its determination, the Authority had said that Ms McKinlay requested the identity of the parties to be suppressed, citing provisions of the Family Court Act 1980 (FCA). The Authority concluded that the provisions of that Act meant such an order had to be made, since reference was contained i...

10. Wellington Standards Committee 1 v Mr V [2023] NZLCDT 6 (21 March 2023) [pdf, 144 KB]

    ...category, an invoice to the JM Estate, represented work which the practitioner had intended to do on a pro bono basis. The client objected and so Mr V told them to make a donation to a nominated charity in lieu of payment. However, the client requested an invoice for this $600 donation and, foolishly, without thinking the matter through, Mr V complied. He simply used a Word precedent on his home computer, he says, without recognising the potential ramifications for this being i...