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1. [2025] NZEmpC 43 Happy Belly Production Limited v Dawson [pdf, 181 KB]

   ...defendant the amount of $1,726.64 (gross) in lost remuneration, interest on 1 Dawson v Happy Belly Production Ltd [2024] NZERA 635. that amount from 11 September 2023 to the date of payment, and $71.55 in reimbursement of the Authority’s fee to lodge the application. [3] The application for a stay arises in the context of a challenge filed by the plaintiff against the Authority’s determination, which is being pursued on a de novo basis. Legal framework [4] A c...

2. Auckland Standards Committee v Hollins [2014] NZLCDT 66 [pdf, 48 KB]

   ...required of her professional obligations. [4] The Trust Account Regulations breaches related to transfers to her personal ledger from funds which had been advanced by a client; withdrawal from the trust account without having first issued a dated fees invoice; failure to keep up trust account records and monthly reconciliations; a brief period when the trust account 1 Lawyers and Conveyancers Act (Trust Account) Regulations 2008....

3. EA v ZZ LCRO 138/2011 and 124/2012 (24 January 2014) [pdf, 150 KB]

   ...discretion might be exercised relating to the distribution of these. [11] Whether as a result of this letter or otherwise, it would seem that Mr ZZ’s response was not sent to Mrs EA for her information or comment. When the Standards Committee file was sent to this Office following receipt of the review application, the Legal Standards Officer advised:5 I wish to draw your attention to Mr ZZ’s letter of 5 May 2011. There was clearly considerable animosity between the Complain...

4. LCRO 135/2018 UQ v VF (26 May 2019) [pdf, 286 KB]

   ...response delays after 14 July 2017 and, in the end, failure to respond at all to the 19 November 2017 email, the Committee does not appear to have specifically focused on those matters. I shall do so below. Application for review [40] Mr UQ alone filed an application for review on 23 July 2018. It is important to detail the outcome sought because it is an unusual one to find in the disciplinary context. [41] As broadly described by Mr UQ, the outcome sought is that “we want to...

5. Research report: Without notice applications in the Family Court [pdf, 1.7 MB]

   ...lawyers only able to represent parties when applications are made without notice,2 there are previous related applications or the application is made concurrent to a different application type.3 4. Since the reforms, the number of COCA applications filed without notice has more than doubled and continues to climb, even though no change was made to the criteria to apply without notice. Before the reforms, there was a 70:30 split of with notice applications and without notice applicatio...

6. Knight - Estate of Rewiti Te Rakaherea [2019] Chief Judge's MB 74 (2019 CJ 74) [pdf, 374 KB]

   ...at 38 Taupo MB 352 is reproduced as follows: 89 Reweti te Rakaherea d. succn Matekohuru Reweti o/o (on oath) My father P/E 27/334 Court: Approved value £12 Too many children in Courts opinion. Interest should go to applicant who paid the fee and taken the time to prosecute application. V/O in favour of: Matekohuru Reweti m sole Tauhara North 2 £12 Identification of evidence that may be of assistance in remedying the mistake or omission 6. The applicant has provided...

7. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...noted Mr SC’s further explanation that he “had no knowledge” of the status of Ms BA’s proceedings against Mr FM before he spoke with Ms BA’s lawyer “around” late November or early December 2018. Application for review [27] Ms BA filed an application for review on 11 May 2020. [28] She says she disagrees with the Committee’s decision. She asks that Mr SC, or the legal executive be held accountable for not taking any action to ensure the $200,000 paid “was legit...

8. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...Costs are reserved. There is another proceeding in which the plaintiff successfully applied to strike out a challenge, by the department, of the same determination. That decision has also led to costs being reserved and submissions have been filed. It is likely that this decision will have an impact on consideration of costs by both parties, since there was an overlap between proceedings. The parties are invited to discuss costs and to attempt to reach agreement about them. If th...

9. Consultation Document - AML/CFT Early Regulatory Package Exposure Draft February 2023 [pdf, 494 KB]

   ...must comply with the Act. AML/CFT (Requirements and Compliance) Regulations: 38 66 17 Exclude from the definition of “trust and company service provider” persons whose only activity is “managing client funds (other than sums paid as fees for professional services), accounts, securities, or other assets” if that person is already captured as a financial institution. AML/CFT (Definitions) Regulations: 20 67 18 Specify that “sums paid as fees for professional ser...

10. Consultation Document AML/CFT Early Regulatory Package Exposure Draft [pdf, 494 KB]

    ...must comply with the Act. AML/CFT (Requirements and Compliance) Regulations: 38 66 17 Exclude from the definition of “trust and company service provider” persons whose only activity is “managing client funds (other than sums paid as fees for professional services), accounts, securities, or other assets” if that person is already captured as a financial institution. AML/CFT (Definitions) Regulations: 20 67 18 Specify that “sums paid as fees for professional ser...