Search Results

1. Waikato Bay of Plenty Standards Committee v Monckton [2014] NZLCDT 51 [pdf, 35 KB]

   ...into their sister’s sole name (Dr S). [2] This had come about as the result of the efforts of Helen Monckton to rescue the purchase of another property by Dr S. [3] The manner in which this occurred and the series of transactions undertaken, form the basis for the charge of negligence against Mrs Monckton. [4] Mrs Monckton pleaded guilty to this charge at the conclusion of the evidence and therefore this decision deals only with the penalty to be imposed on her as a consequence....

2. Legal aid funding - Details of proposals [pdf, 55 KB]

   ...taking into account the welfare and best interests of the child. Lawyer for the Child is funded from court budgets rather than from legal aid, but is included here because it is causing similar fiscal pressures and to maintain parity between different forms of government funded legal assistance. In 2009/10, $23.2 million was spent on Lawyer for the Child in care-of-children cases, up 55% from $15.0 million in 2006/07. The growth appears to be mainly due to increased numbers of care-of-ch...

3. [2015] NZSSAA 59 (21 August 2015) [pdf, 32 KB]

   ...overseas. In fact, the appellant left New Zealand the following day on 10 May. She did not advise the Ministry of her departure. [6] The appellant returned to New Zealand on 10 August 2013 but departed again on 17 August 2013. Again, she did not inform the Ministry of her departure. [7] The Ministry became aware of the appellant’s departure as a result of a data match with New Zealand Customs on 18 February 2014. A letter was written to the appellant asking that she make contact...

4. [2015] NZSSAA 62 (31 August 2015) [pdf, 45 KB]

   ...are indicative of the way in which the appellant receives income from the Trust. They could not be used to determine the actual amount being received by the appellant in the period December 2012 to March 2013. 7 [25] Both parties have requested that the Authority reassess the appellant’s income. If the parties seek a ruling from the Authority as to the calculation of the appellant’s income following receipt of this decision, then the parties will need to make submissions...

5. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...that the respondent owed Hedgman Real Estate a significant amount of money. 22. The respondent disputed this alleged debt, and his concern about this (and about the lack of proper financial documentation being provided to him, despite his repeated requests) was such that the respondent’s 5 accountant was engaged to investigate the matter by conducting an audit. An audit was carried out, but essentially failed to determine the correct position between the parties due Ms Hed...

6. [2013] NZEmpC 223 Wallace & Cooper Ltd t/a Andar Holdings v Irvine [pdf, 72 KB]

   ...interest on the remedies awarded. I decline to award interest at this stage of the matter. Any claim for interest should be made in the pleadings or, in exceptional cases, at the substantive hearing of a matter. That is because interest is a form of remedy and needs to be considered as part of the overall exercise of discretion to award remedies. In this case, there was no claim for interest made on behalf of the 1 [2013] NZEmpC...

7. A v X LCRO 2 / 2008 (20 February 2009) [pdf, 22 KB]

   ...the work was undertaken is relevant to this review. Lawyer X took instructions from Complainant A’s mother which included the revocation of an enduring power of attorney in favour of Complainant A and the execution of a will which changed a former will by replacing Complainant A as trustee and executor with Lawyer X. [2] The issues at the outset of this application for review were whether Lawyer X acted properly in taking instructions from Complainant A’s mother in the face of...

8. O v S LCRO 35 / 2009 (2 June 2009) [pdf, 33 KB]

   ...of the Lawyers and Conveyances Act 2006 the decision of the Standards Committee is confirmed. Costs [21] Lawyer S applied for costs and was invited to make submissions. The application was primarily on the basis that the hearing had been requested by Client O who had the failed to attend, and on the further basis that the complaint was without merit. The amount sought covered the attendance time for Lawyer S and his advocate, the time spent in preparation for the review heari...

9. Victor v Stratford LCRO 135 / 2009 (9 October 2009) [pdf, 58 KB]

   ...standards. Implementation of settlement [13] I am concerned that there is a strand of this complaint which had not been properly considered by the Standards Committee. In particular, it appears that the way in which the settlement was implemented forms part of the complaint but was not been properly identified or considered by the Committee. [14] In his original complaint Mr Victor also stated that Mr Stratford “surrendered water easement without instructions of owners of prope...

10. BR v EP LCRO 008/2012 (3 September 2014) [pdf, 42 KB]

    ...If they had wanted BR to 7 Above n 1, Rule 10. 8 Allied Finance and Investments Limited v Haddow & Co [1983] NZLR 22 (CA). 9 Above n 6. 6 be interviewed, no doubt they would have made request of EP to do so. The basis upon which they required EP to proceed his enquiry was entirely a matter for their instruction. [36] BR suggests that EP was obliged, as a matter of fairness, to seek his views. His failure to do so lays f...