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...and the lawyer’s response and concluded that it “could find nothing to substantiate a claim that Mr CL had acted inappropriately…consider[ing] that he had acted in the best interests of his client, followed her instructions and kept her informed”.6 It observed that Mr JS “was entitled to seek independent legal advice if he intended to make a claim against the estate...” 3 Settlement Agreement dated 18 February 2011 at p 3...
...he was involved with Mr SNJ’s company on a part-time basis from 20 October 2009 to 11 April 2011. [18] His only involvement with Ms KIT’s file was about August or October 2010 when Mr SNJ brought Ms KIT’s file to his desk. He wrote a note requesting that Mr SNJ contact Ms KIT for a meeting. [19] He had no other involvement. Specifically: [19.1] He did not sign the letter to the Associate Minister. [19.2] He did not submit the letter to the Associate Minister. [19.3] His fi...
...Registrar is that the adviser breached clause 2.2 of the Code. That provision prescribes a mechanism for licensed immigration advisers to deal with clients seeking to lodge unfounded applications. It provides: “If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must: a) encourage the client not to lodge it; and b) advise the client in writing that, in the adviser’s opinion, i...
...learned of this account (after she had ceased acting for the Applicant) because another section of the firm had acted in the conveyance (and had deposited L’s funds into that account); she had no recollection of, and could find no evidence of, a request for this information having been sent to her by the Applicant. [11] The Practitioner stated that the Applicant obtained further legal representation after he moved to Wellington. She referred to correspondence between L’s law...
...decision is soundly based on the evidence before the Committee. Committee’s are made up of experienced lawyers, together with a non lawyer representative of the community. [10] The Applicant sought a review of the Committee’s decision and requested that “the lawyer (be) disciplined for inappropriate behaviour and an apology offered for his inappropriate phone call and remarks.” His expanded submissions in support of his review application largely repeated the essence of...
...professional who was required to keep and maintain records of her professional engagement (Clause 3 of the Code of Conduct); she should seek to explain the allegations in the complaint with reference to her records, and produce those records. She is requested to produce a full record of the fees claimed and paid. Directions - timetable [13] Within 10 working days of this direction, the adviser may provide further evidence and submissions relating to the complaint. 5 [1...
...needs to sell and that a sale as General land will be easier, or ,,,ill obtain a better price. [8] As to the proposition that the land will sell more easily, there is no real evidence in that regard except for the view, (which I regard as ill informed), by a real estate agent and a conveyancing company. [9] There is no evidence before me that a better price ':>ilill be obtained as General land and even if that ,,,ere the case it is doubtful that that would form the basis for...
...scheme, and the provision of mediation services under the Act, that any court-directed mediation is to be undertaken via this route. That is certainly the norm, although parties sometimes prefer (by agreement) to arrange a private mediation or request the Court to convene a judicial settlement conference. [8] I drew counsel’s attention to a judgment of the Court in McCulloch v New Zealand Fire Service Commission where the then Chief Judge made the following observations:3 [...
...Mr Wate and his wife were living on the West Coast. Otherwise he had no information about Mr Wate, his income or assets. [9] Complicating this situation is that Talbot Agriculture accepts it owes money to Mr Wate for wages and holiday pay forming part of the determination, but a dispute has arisen about payment to him. Mr Talbot says that a combined total of $7,290 is due and owing and the company is willing to pay immediately. However, attempts to pay have been frustrated be...
...Māori Language and Education experts hui notes (19 March 2018) Page 2 of 4 These notes provide a broad overview of the key points raised by participants and do not represent minutes of the hui. The headings used in this note correlate with the information contained in the pamphlet “Te Ara Whakamua ā tātou – Crown/Māori relations” (which can be found at https://www.justice.govt.nz/Māori-land-treaty/crown-Māori-relations/initial- proposals-from-government/). Main...