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1. KJ v WN LCRO 46 / 2011 (13 April 2012) [pdf, 60 KB]

   ...decision which declined to uphold her complaints against Law Practitioner Mr WN (the Practitioner). [2] The circumstances surrounding the complaint were somewhat unusual in that the Applicant had her lead provider contract terminated by the Legal Services Agency (LSA) which left her in the position of having outstanding LSA files - and secondary providers (her staff members) - who she could no longer supervise as a lead provider. She sought some support from local practitioners...

2. Canterbury Standards Committee v Sisson [2011] NZLCDT 35 [pdf, 143 KB]

   ...Committee (“CSC”) pointed to those portions of the substantive decision where the Tribunal had found dishonesty on Ms Sisson’s part. He referred to the findings that Ms Sisson had deliberately misled the CSC and that she had breached s.66 of the Legal Services Act 2000 by invoicing her client directly without the approval of the Legal Services Agency (“LSA”) or the agreement of the client. Mr Nation relied on the decision of Bolton v Law Society1 and Parlane v NZLS (Waik...

3. Tuwhangai v Boon – Kawhia U 2B Block - (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) [pdf, 303 KB]

   ...and ultimately imposed the equitable remedy of constructive trust. This aligns with the generally understood tenant of equity set out by the Court of Appeal in Fortex Group Ltd (in receivership and liquidation) v MacIntosh: 16 How then is it said that the plaintiffs by means of equitable remedy of constructive trust can prevail, pro tanto, over the legal rights of the secured creditors? Equity intervenes to prevent those with rights at law from enforcing those rights when in the...

4. Evaluation of Victim Support Services [pdf, 1.1 MB]

   Page 0 ­ ‹#› Legal needs among New Zealanders A general population survey – which includes comparisons with a previous survey of the low income population Organisation: Ministry of Justice Attention: Phyllis Anscombe Date: 13 April 2018 Page 1 ­ ‹#› Table of Contents Executive Summary .....................................................................................

5. How to find a court or tribunal decision

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6. [2014] NZEmpC 122 Tan v Yang & Zhang costs [pdf, 55 KB]

   ...principle is that costs follow the event. The usual starting point in ordinary cases is 66 per cent of actual and reasonable costs. From that starting point factors that justify either an increase or decrease are assessed. [4] The defendant is legally aided. The recovery of costs by a legally aided person is governed by the same principles as those that generally apply. [5] According to the tax invoices that have been filed in support of the defendants’ application for cost...

7. Otago Standards Committee v Duff [2022] NZLCDT 4 (21 January 2022) [pdf, 103 KB]

   ...2 REASONS FOR PENALTY ORDERS MADE ON 20 DECEMBER 2021 Introduction [1] In our decision of 2 September 2021 we found Mr Duff guilty of one charge of misconduct, arising out of a business dealing which was unconnected with legal services.1 At the conclusion of the penalty hearing we made the following orders: Orders 1. The practitioner was fined $10,000.00. 2. A censure was imposed which was to be delivered in writing. This is attached as Appendix 1. 3....

8. LA - Part 2 - Areas of Law Criminal [pdf, 882 KB]

   moj0052.2-june13_AreAs of lAw – CriminAl Page 1 / 6 Please complete this if you are applying for approval for the Criminal jurisdiction (including police detention legal assistance) PART 2 – Section 1 experience in the criminal jurisdiction length of experience How long have you practised (post admission) in this area of law? number of cases Please indicate the approximate number of cases in which you have appeared as counsel with substantial and active involvement within the las...

9. Wellington Standards Committee 2 v Tennet [2022] NZLCDT 37 (26 October 2022) [pdf, 183 KB]

   ...relating to that assessment report. [3] M did not give evidence but, congruent with Mr Tennet’s evidence, we find that M was vulnerable. She was a partner of a prominent criminal “C” for whom Mr Tennet had acted. C indicated he would pay her legal expenses. When Mr Tennet first took instructions, M was pregnant3 and the baby was born by April.4 Her extensive list of criminal convictions dates from early in her life. Her history and circumstances included prostitution, ill...

10. Characteristics associated with the early identification of complex Family Court custody cases [pdf, 89 KB]

    ...application which are sometimes associated with complexity are: previous complex cases involving one or both of the same parties, multiple parties, ex parte (without notice) custody applications, cross applications, CYFS involvement and parties who are legally aided. Other characteristics of complexity that are identified through reading affidavits include the volume and quantity of affidavits, allegations of violence or substance abuse, conflict over shared property and relocation. Contact w...