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1. IACDT - Annual -report 2014 [pdf, 414 KB]

   ...findings, usually in respect of contested accounts given by the complainant and the adviser. Oral hearings have become a concern. Advisers generally engage lawyers to represent them, and certainly have the option of doing so. Advisers have accessed legal aid for such hearings. However, complainants usually have no legal representation. That is almost invariably so for the most vulnerable complainants, despite that the Act’s objective is to protect them. The Registrar’s view of h...

2. Auckland Standards Committee 4 v Kennelly [2022] NZLCDT 46 (15 December 2022) [pdf, 98 KB]

   ...charge of being dilatory in distributing an Estate, if it had been a stand-alone charge, and if Mr Kennelly did not have a significant disciplinary history, would have attracted a fine. The other charge is of greater moment. When ordered by the Legal Complaints Review Officer (LCRO) to apologise to a complainant, Mr Kennelly wrote a letter that we found “mocks the order, inferentially insults the LCRO, and is purposefully designed to convey no remorse…”.1 [2] Having heard s...

3. [2012] NZEmpC 93 Marshment v Shaeppard Industries Ltd [pdf, 74 KB]

   ...Mr Marshment’s costs means that he will have to pay any award to Specialized but that is no different in principle to the position of an insured party or an employee represented by a union or even, to the extent that it is broadly analogous, a legally aided employee. Legal costs have been incurred in the prosecution of the plaintiff’s challenge. If, as I am satisfied they should be, costs follow the event, then they are payable by the defendant to the plaintiff. The indemnifi...

4. Payments to Legal Aid Firms 2022 [pdf, 1 MB]

   ...143,783.96 A J Bailey - Barrister Christchurch 492,886.56 A J Hamblett - Barrister Hamilton 52,724.61 A M Sceats Gisborne 92,613.02 A Mobile Lawyer - Kelly Hennessy Law Nelson 168,065.41 A N Garrett - Barrister Christchurch 144,638.54 A W Clarke Legal Gisborne 574,705.35 AA Law Ltd Auckland 164,108.78 Aarif Rasheed - Barrister Auckland 244,486.80 Aaron Dooney - Barrister Whangarei 329,768.65 Aaron Kashyap - Barrister & Solicitor Auckland 25,809.00 Aaron Te Koha Barrister Auckland...

5. Payments to Legal Aid Firms 2021 [pdf, 1.1 MB]

   ...Christchurch 341,065.11 A J Hamblett - Barrister Hamilton 102,518.18 A M Sceats Gisborne 180,783.45 A Mobile Lawyer - Kelly Hennessy Law Nelson 94,987.94 A N Garrett - Barrister Christchurch 87,122.54 A R L Lawyers Lower Hutt 3,778.28 A W Clarke Legal Gisborne 622,884.90 AA Law Ltd Auckland 193,721.78 Aarif Rasheed - Barrister Auckland 133,899.86 Aaron Dooney - Barrister Whangarei 339,676.46 Aaron Kashyap - Barrister & Solicitor Auckland 107,022.80 Aaron Te Koha Barrister Aucklan...

6. [2012] NZEmpC 217 Yang v L E Builders Ltd [pdf, 61 KB]

   ...the initial grounds for the application for joinder had been because Mr Loo always had full control of the proceedings, was the real party and had aided and abetted the purported breaches of the plaintiff’s employment agreement. The claim of aiding and abetting breach was abandoned as the application for penalty was time barred by s 135(5) of the Employment Relations Act 2000 (the Act). [6] I recorded that the application for joinder was made under s 221 of the Act and r 4.56...

7. Form 1 Notice of Proceeding [docx, 57 KB]

   ...(either generally or specifically in relation to the proceeding); or · be represented by a lawyer; or · in special circumstances and with the permission of the court, be represented by an agent under section 107 of the District Court Act 2016. Legal Aid 2. If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act. 3. Choose the statement that applies in regards to legal aid Statement o...

8. Form 35A Notice of Proceeding when Summary Judgment Sought by Plaintiff [docx, 58 KB]

   ...here) Name: Enter your name Select your role Information for defendant(s) Advice 1. Although you do not have to employ a solicitor for the purpose of this proceeding, it is recommended that you consult a solicitor about this matter immediately. Legal Aid 2. If you cannot afford to meet the cost of the proceeding, you may be entitled to assistance under the Legal Services Act 2011 and regulations made under that Act. 3. Choose the statement that applies in regards to legal aid Appeara...

9. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...present at the investigation meeting. Also relevant is that at all material times, Mr Zhang was a primary caregiver for his two-year old son; and was attempting to obtain employment. [14] As far as a challenge was concerned, he decided he needed legal advice having regard to the more complex processes of the Court. [15] On 26 September 2018, Mr Zhang contacted a practitioner whose name he obtained from a judgment of the Court. That practitioner stated he was about to commen...

10. LCRO 63/2021 FB v LK (31 May 2021) [pdf, 166 KB]

    LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 078 Ref: LCRO 63/2021 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN FB Applicant AND LK Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr FB has applie...