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1. [2014] NZEmpC 171 Bracewell v Richmond Services Ltd costs [pdf, 72 KB]

   ...sum of $2,000. It also stated that costs should follow the event. A direction was made for any application and evidence to be filed, by Richmond Services Limited (Richmond); and for Ms Bracewell to file and serve any submissions and evidence in response. 3 [4] A final preliminary matter is that Ms Bracewell has filed an application for leave to appeal the decision of the Court to the Court of Appeal. That application has yet to be heard. In this Court the usual practice when...

2. Chand v Devi [2016] NZIACDT 4 (14 January 2016) [pdf, 134 KB]

   ...to consider is the gravity of the professional offending, it is not appropriate to deprive a person of membership of a profession unless their offending is sufficiently serious. The most serious element of this complaint is the finding Ms Devi was responsible for allowing an unlicensed person to provide immigration advice. For the reasons discussed, that is a matter at the highest end of the professional offending, particularly in a case like this where Ms Devi systematically offended, and...

3. ADP Ltd & JL Insurance Ltd v ZWK [2011] NZDT 153 (16 June 2011) [pdf, 77 KB]

   ...causing physical damage to an occupier’s property can be regarded as a nuisance entitling the occupant to the recovery of all natural and foreseeable damage including damage to chattels. [12] Nuisance also involves a balancing of the rights and responsibilities of the adjoining occupiers. In case, the rights that of the Council to carry out its responsibilities relating to the maintenance of its pipes, and ADP Ltd to quiet enjoyment of the leased property. Nuisance is actionab...

4. Family justice journey diagram [pdf, 539 KB]

   ...Jayne and Rawiri with a note outlining what has been ordered. Rawiri Jayne Get legal advice Jayne delays getting legal advice but, when the papers are served on her, she approaches Gerard, a Family Legal Advice Service lawyer. File notice of response Jayne follows the advice Gerard gives her and files a notice of response and affidavit disagreeing with the one Rawiri filed. She does this within 21 days, which is the deadline. Self-representationThe standard track This i...

5. C v H LCRO 49 / 2009 (27 May 2009) [pdf, 21 KB]

   ...v C [2008] 3 NZLR 105). Conduct unbecoming could relate to conduct both in the capacity as a lawyer, and also as a private citizen. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners" 3 (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). In respect of the core complaint that Lawyer H provided an opinion which was erroneous, there can be no suggestion that the thresholds of misco...

6. Bedford v Luton LCRO 72 / 2009 (29 June 2009) [pdf, 24 KB]

   ...respect of which transfers were never registered). Ms Luton considers it referred only to those companies in respect of which refinancing was being undertaken and copies of share transfers had been forwarded to Mr Bedford. Ms Luton stated in her response to the Standards Committee that the two additional companies were not part of the refinancing and “were unknown to the writer” (although as noted one of the companies had been referred to in earlier correspondence). [12] In d...

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

   ...complaints made against CD. [11] The kernel of BR’s complaint against EP is allegation that EP’s review was unfair and unbalanced. Of particular concern to BR, is that EP did not, when completing his review, consult with BR. [12] In response, EP submits that: (i) BR has no standing to lodge a complaint against him. MS, not BR, was his client. (ii) He owed no duty of care to BR. (iii) He is unaware of any principle of law by which BR could legitimately assert he w...

8. Sell v Harris [pdf, 27 KB]

   ...did not provide any onsite supervision but contracted Mr Harris to build the house and provide onsite supervision. The Tribunal therefore held that Mrs Sell did not assume the role of head contractor, supervisor, or project manager, as she was not responsible for, or in charge of, the construction side of the project. Instead, Mrs Sell contracted Mr Harris to build the house and supervise the construction. Mrs Sell’s role in relation to the construction therefore did not negate the d...

9. BORA Companies and Limited Partnerships Amendment Bill [pdf, 352 KB]

   ...the requirements amount to a prima facie infringement of s 14 of the Bill of Rights Act, they appear to be justifiable under s 5 of that Act. • The purpose of the resident agent reforms is to ensure that there is at least one person legally responsible for the affairs of a company who is resident in New Zealand. This will help to uphold the reputation of New Zealand’s company and limited partnerships registration system. The resident agent’s obligations draw on the existing,...

10. Nabi v Devi [2011] NZIACDT 21 (7 July 2011) [pdf, 74 KB]

    ...advantage by engaging our services”. [10.7] The Complainant was offered a copy of the Adviser’s internal complaints procedure and “refused to [take it], on his own volition, ... claiming it was of no use to him.” [10.8] The Complainant was responsible for being in New Zealand unlawfully without a permit. [10.9] “You have concluded that we failed to provide our client with the requisite invoice. This is untrue. It is an integral part of our business that we issue an invoice to...