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LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 112 Ref: LCRO 69/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [Area] Standards Committee [X] BETWEEN CX Applicant AND DW Respondent The names and identifying details of the parties in this decision have been anonymised Introduction [1] Ms CX has applied for a re...
...correspondence 30/Aug/2011. Could you confirm who advised the court re: those Affidavits? With reference to Ms SR (MC’s Solicitor) staying as being an observer, who would be paying for this?, in fact on this matter who in fact is paying for MC’s Legal commitments? My position at this time in relation to Ms SR is non-revocable, to my earlier stated opinion that it does not address my position as Father being prejudiced. [22] Ms TM replied the same day: Dear WN In terms of th...
...imposition of penalty orders is not a punitive one but is protective, in terms of the Act.4 Specifically, s 3 prescribes: the protection of the public, the maintenance of professional standards and the maintenance of confidence of the public in the legal profession. [8] There are also, analogous with the criminal law, particular penalty principles which are engaged. These include the need for general and specific deterrence, in order to maintain awareness of the consequences of...
...litigants, McKenzie friends and lay advocates) who represent themselves or others. This guidance applies in relation to the courts and tribunals listed on page 6. GenAI chatbots are not a substitute for a qualified lawyer and cannot give tailored legal advice. Unlike GenAI chatbots, lawyers have professional obligations and must uphold ethical standards to their clients and to courts and tribunals. GenAI chatbots can provide inaccurate information. If you choose to use a GenAI ch...
...legal aid changes occurring at the same time as the reforms, and the declining trends that lead up to the reforms, we cannot directly attribute the decline in costs to the reforms alone. We can see in Figure 14 that the reductions are due to fewer legally aided guardianship and care of children cases going through the courts. However, the average cost per case for these cases has increased. This may be due to the changes to the fixed fees and the increased complexity of the cases coming...
...of the plaintiff’s witnesses, and the hearing was adjourned in the interests of justice to enable him to obtain representation. I indicated at the time that costs were likely to be an issue consequent on the adjournment. Mr Tomo was granted legal aid, although there were delays in resolving this issue. Mr Wimsett subsequently appeared on his behalf. 2 See Victoria University of Wellington v Alton-Lee [2001] ERNZ 305; Binnie v...
...detained. In such circumstances, it is difficult to see how an order for costs could be met or enforced. It would seem a futile act to spend more than an award in attempting to have the original judgment enforced. [10] If Mr Te Hiwi had been legally aided then s40 of the Legal Services Act 2000 would apply. That provision was considered in my decision of 14 February 2006, Eriwata & Ors v Eriwata – Waitara SD Section 6 & 91 Land Trust (2006) 165 Aotea MB 37. It provides...
...goals, as will changes to the courts operating model. The justice system should deliver justice, but it should not support people to unnecessarily escalate or prolong their personal disputes. Changes to the Family Court, civil court fees and legal aid will encourage people to resolve more minor disagreements between themselves, not only because that is a better use of public resources but also because it often leads to better and more durable outcomes for those involved. This...
...in fact has taken no steps to progress his case to a hearing. In a letter dated 13 January 2014 he advised the Secretary that he had asked a Wellington lawyer to act on his behalf and that that lawyer was waiting for the outcome of Mr McCreath’s legal aid application. By letter dated 4 March 2014 Mr McCreath asked the Secretary to provide him (Mr McCreath) with a copy of his statement of claim as the document had apparently been requested by Legal Aid Services. By letter dated 21 Jul...
...sexual violence. The Ministry is committed to providing the best response it can to people affected by family violence and sexual violence. It’s important that participants feel safe and supported by the people they interact with, including legal aid lawyers. What to do if you suspect your client is a victim of family violence or sexual violence Family violence and sexual violence can include: Physical: hitting, slapping, kicking, strangling, choking, suffocating, burnin...