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1. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...October 2023 and $300 on 24 October 2023. That leaves a balance owing of $6700.00. SB and IM also claim their legal fees, totalling $1187.00. However, some of the legal assistance with respect to recovering money paid to TO related to preparing for and filing these Tribunal proceedings, and under section 43 of the Disputes Tribunal Act, such costs cannot be awarded. I consider $681.69 to be ‘awardable’ legal costs (75% of the first invoice, all of the second invoice and a nominal $40...

2. Form 45 Employment Relations Authority [pdf, 584 KB]

   Templates V12 – August 2017 page 1 08/17 form 45 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Employment (Employment Relations Authority) Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below)...

3. Form 47 Public Protection Orders [pdf, 585 KB]

   Templates V12 – August 2017 page 1 08/17 form 47 Amendment to Grant Civil Legal Aid Fixed Fee/Fixed Fee Plus Public Protection Orders Legal aid file no. Lead provider’s ref. Name of aided person Name of lead provider Name of law firm Applicable fee schedule(s) Amendment sought: To replace fixed fee (start at A below) For additional work required when fixed fee has already been claimed (start at A below) For disbursemen...

4. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

   ...Authority (the Authority) notified the adviser of the complaint. [2] It is alleged that the adviser was negligent or breached the Licensed Immigration Advisers Code of Conduct 2014 (the Code) by failing to exercise diligence and due care, since he filed an application which had little hope of success. Furthermore, he acted unprofessionally in offering to refund his fee if the complaint was withdrawn. [3] The essential issue to consider is whether, despite mistakes by the adviser,...

5. Tata v Tata - Waiwhakaata 3E 4C Lot 2A Block (Hiiona Marae) [2020] Maori Appellate Court MB 166 (2020 Appeal166) [pdf, 427 KB]

   ...Appellate Court MB 173 referred to particular passages from the judgment and submitted that the alleged bias manifested itself in two areas. First, the Court was critical of Mrs Martin’s failure to use an hourly rate when calculating her fee and did not properly consider the relevant context, disregarding the possibility that beneficiaries might undertake work on a reimbursement basis. Mr Bidois argued that, having decided that an hourly rate was a precondition, it was never go...

6. LCRO 192/2017 KY v QW, Official Assignee (27 September 2019) [pdf, 141 KB]

   ...a Mr and Mrs PH (the loan funds). [7] Also during this time, two barristers, who had been instructed by the firm to assist Mr and Mrs XV on various property disputes in 2010 and 2012, were seeking payment of their respective outstanding legal fees. Both had sent reminder notices to the firm. [8] On 5 August 2013, one of the barristers wrote to Mr GC requesting a response to previous unanswered letters, and pressing for payment “without the necessity of a complaint to the Law S...

7. [2021] NZEnvC 045 Auckland Yacht and Boating Association v Auckland Council [pdf, 1.3 MB]

   ...an appeal and to request an inquiry. You must lodge the original and 1 copy of this notice with the Environment Court within 15 working days of receiving notice of the decision. The notice must be signed by you or on your behalf. You must pay the filing fee required by regulation 35 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003. You must serve a copy of this notice on the consent authority within 15 working days of receiving notice of the decision. If the n...

8. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

   ...caused the complainant to expect Ms Navarette- Scholes was engaged to perform immigration services. [6.1.4] On 20 May 2014, the Immigration Advisers Authority requested records of Ms Navarette-Scholes’s interactions with the complainant, including file notes, meeting notes and any documents confirming material discussions with the parties. Ms Navarette-Scholes said she had no such records, as she did not enter into any business engagement with the complainant. [6.1.5] This may establi...

9. CS v HT and LM LCRO 25/2013, 50/2013 and 51/2013 (24 June 2014) [pdf, 181 KB]

   ...and not an oversight. [66] The time expended on a matter is only one of the factors set out in Rule 9 of the Conduct and Client Care Rules to be taken into consideration when assessing a fee. The hourly rates of the lawyers having carriage of a file is relevant only to the time expended. [67] Rule 3.4 requires a firm to advise clients the basis on which fees will be charged. In its client information letter ABC firm advised that “fees will be charged taking into account reason...

10. Miller v REAA & Robinson [2013] NZREADT 33 [pdf, 25 KB]

    ...“While there has been general acceptance of our suggestion in para [75] of our decision of 13 February 2013 as follows: ... [para 75 was set out as above.] the successful appellant (through Mr C S Withnall QC) advises that he incurred $1,694.71 legal fees in recovering the commission from Harcourts Highland Real Estate Group Ltd and the second respondent, and a further $12,000 approximately (GST exclusive) legal fees related to the case before the Committee and this Tribunal. I am th...