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1. CAC 20004 v Mr G [2014] NZREADT 76 [pdf, 38 KB]

   ...offended”, of any name, place or details likely to identify him, his former employer or the client; and suppression of the release or publication of any document he has filed either with the Authority or us. [10] The defendant has accepted full responsibility for his actions and seems to have cooperated fully since the laying of the charge. He has had his solicitor put his position to us clearly by letter and provide us with an affidavit from him. He does not intend to return to rea...

2. CAC20003 v Santipongchai [2015] NZREADT 11 [pdf, 177 KB]

   ...be the same even if charge 4 is not taken into account. The Response of the Defendant [9] In a typewritten response of 13 August 2014, Mr Santipongchai has advised that he is very regretful about the events set out in the charges. He accepts responsibility without excuse but adds “even though I may have foolishly thought I was doing the right thing at that time”. [10] He covered his experience as a real estate agent over about 10 years during which he achieved very high sales...

3. [2013] NZEmpC 219 Fox v Hereworth School Trust Board [pdf, 78 KB]

   ...issues between them should be the subject of a mediation organised by the Mediation Service of the former Department of Labour (the Department) through its Napier office. The Department has now been subsumed into the Ministry which maintains responsibility for these mediation services. [4] Mrs Fox refused to agree to mediation arranged by the Napier office of the Mediation Service because she considered that it would not act impartially between the parties. In particular, as I u...

4. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...a discretionary factor which can be taken into account in determining costs. [12] Later, the Authority noted: [14] In the Court of Appeal case of Health Waikato v Elmsley [2004] 1 ERNZ 172 the Court commented that: ....we think that…steely responses by the Courts where the plaintiffs do not beat Calderbank offers would be in the broader public interest. [13] In these passages, the Authority has correctly directed itself to the principles applicable to the exercise of its discret...

5. BO v DE LCRO 297 / 2012 (13 September 2013) [pdf, 92 KB]

   ...legally represented for the majority of the settlement 4 Letter from BO’s lawyer to the Respondent (2 March 2011). 4 negotiations. However the Applicant considers that the Practitioner was responsible for many of the difficulties in achieving a prompt settlement, and examples were included in her complaint. Email to the Applicant’s work [17] The complaint concerned the fact that the Practitioner had sent an email to the Ap...

6. Milne & Ors v Kapiti Coast District Council & Ors [2014] NZWHT Auckland 1 [pdf, 98 KB]

   ...[16] In a memorandum filed with the Tribunal dated 18 November 2013, the Council stated that “depending on when the roofing work was undertaken, it may be that the earlier partnership is the appropriate party”. [17] In its pre-mediation response to the claim dated 21 November 2013, the Council maintained its allegations against PRL. It was not until a subsequent removal application was made by PRL that the Council conceded the point and did not object to the Tribunal grant...

7. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...2015. The invoice was rendered for “professional services” in relation to three matters. Mr VS sought details from Mr XS as to what work had been carried out and the time expended in carrying out the work. He was not satisfied with Mr XS’ responses and sought a “costs revision” from the Lawyers Complaints Service. The Standards Committee determination [5] The Committee identified the following issues to be addressed:1 (a) Were the fees charged by Mr XS fair and reaso...

8. LCRO 17/2014 SM v TR and DH [pdf, 146 KB]

   ...in subsequent correspondence questioned the integrity of the lawyers’ timesheets and objected to the lawyers having taken time to become familiar with the file when they took over conduct of the proceeding from the former lawyer. Lawyers’ Response [7] The lawyers say the proceeding involved complex causes of action and a substantial number of documents to be sifted and reviewed in preparation for trial. Discovery was not straight forward and not complete when they took over c...

9. [2016] NZSSAA 64 (30 June 2016) [pdf, 187 KB]

   ...and the concerns raised have no basis”. This statement is very odd given that all previous correspondence to the appellant and the Report to the Benefits Review Committee make it very clear that the amount of $18,003.35 is the appellant’s responsibility. In effect, the concession that the amount of debt owed by the appellant is now $16,281.34 and that his partner is responsible for a repayment of $1,722.20 in supplementary benefit, appears to be an acknowledgement by the Minis...

10. YC v LV LCRO 57/2013 (16 April 2015) [pdf, 44 KB]

    ...settled the transaction between his two clients without ensuring compliance with the terms of the lease with [Company X], and in the face of a caveat lodged on Mr YC’s instructions with the intention of preventing settlement. [5] Mr YC is responsible for managing the development in which the leasehold property is situated. The development comprises a number of leasehold properties. Ownership and occupation is subject to a minimum age requirement, and excludes occupation by...