Search Results

1. Legal aid civil (ACC) consultation paper [pdf, 583 KB]

   ...of Justice is interested in your views on the proposals in this document. We are specifically interested in answers to the questions on page 11, but welcome feedback on any aspect of the fee framework. Please submit your written consultation responses by close of business on 9 March 2012 to: FamilyAndCivilLegalAid@justice.govt.nz Or post to: Family and Civil Legal Aid Framework Consultation Legal Aid Services Ministry of Justice 19 Aitken St DX SX10125 WELLINGTON 6145 A...

2. [2013] NZEmpC 223 Wallace & Cooper Ltd t/a Andar Holdings v Irvine [pdf, 72 KB]

   ...he had offered to settle for, Mr Guest submits that the plaintiff’s rejection of the offer was unreasonable. As a result, he suggests that the defendant should be reimbursed for the all of the costs he incurred subsequently. [17] In response, Ms Coulston submits that the real value to the defendant of the offer was greater than the remedies he was awarded by the Court. She justifies that submission by assuming that any settlement would have been by way of compensation fo...

3. CT v XD LCRO 218 / 2010 (10 June 2011) [pdf, 88 KB]

   ...effectively asks the question as to who was supervising the Respondent’s work. I understand him to be stating that he understood the Respondent was representing CU in the advice that he was providing, but that CU seems to be resiling from any responsibility for the advice given. 3 3. The matter was delayed by reason of the fact that Ms D was not properly briefed. 4. That he was not kept advised as to the progress of the case and that after the Respondent left CU nobody as...

4. EQ v VM LCRO 232 / 2010 (19 July 2011) [pdf, 88 KB]

   ...the Respondent has any further obligation even as executor in respect of this matter. The Proceeds of Sale [27] The Applicant has sought details of her mother’s financial records for the period from 2004 to 2010 from the Respondent. In his response to the Standards Committee, the Respondent replied that he could not provide these as he had nothing to do with ER from the time she left New Zealand in 2004. The Applicant also sought details as to how the proceeds of sale of ER...

5. GM v TT LCRO 31 / 2011 (24 November 2011) [pdf, 90 KB]

   ...application for a fees waiver had been declined, and the Court meanwhile processing the matter. The procedures of a Court are not matters that can concern the NZLS or this office. Materially this is not an issue for which the Practitioner is responsible. [33] I noted that the Standards Committee declined to uphold the complaint on the basis that it was vexatious or not made in good faith. Having heard from the Applicant and considered the material that he forwarded, I likewise q...

6. A v X LCRO 2 / 2008 (20 February 2009) [pdf, 22 KB]

   ...practise. (Atkinson v Auckland District Law Society NZLPDT, 15 August 1990). Conduct unbecoming is perhaps a slightly lower threshold. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners" (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). Taking instructions prior to receipt of psychologist’s report [8] Lawyer X stated in his response to the original complaint by letter of 1...

7. O v S LCRO 35 / 2009 (2 June 2009) [pdf, 33 KB]

   ...him by telephone were unsuccessful, and after a delay to allow for his appearance, the hearing proceeded with Lawyer S and his advocate. Decision [7] Having considered Client O’s information, and the information provided by Lawyer S in his responses to the Standards Committee and at the hearing, I reached the conclusion that there was no basis upon which the complaint could be upheld, and therefore confirmed the decision of the Standards Committee to decline jurisdiction. A M...

8. Cameron & Ors as Trustees of the Normac Trust v Stevenson [2011] NZWHT Auckland 17 [pdf, 87 KB]

   ...the claimants had been clear in the quantum of the claim they were seeking from BMW the claim against it would have been settled by a without prejudice payment well in advance of the hearing. Any confusion that arose is not however solely the responsibility of the claimants. Counsel for BMW would have been in a position to seek further clarity in advance of the hearing or to alternatively apply to be removed once evidence had been filed. [17] In the circumstances of this ca...

9. BORA Veterinarians Bill [pdf, 95 KB]

   ...practice as a veterinarian and may be exposed to incompetent or unprofessional behaviour as a consequence. To uphold public trust and confidence in the regulatory regime, it is therefore appropriate that the onus for establishing the excuse is the responsibility of the accused. Breaching an order made during a disciplinary hearing 22. Clause 42(4) provides that every person commits an offence who, without lawful excuse, breaches any order made during disciplinary hearing prohibiting...

10. LCRO 02/2008 A v X [pdf, 22 KB]

    ...practise. (Atkinson v Auckland District Law Society NZLPDT, 15 August 1990). Conduct unbecoming is perhaps a slightly lower threshold. The test will be whether the conduct is acceptable according to the standards of "competent, ethical, and responsible practitioners" (B v Medical Council [2005] 3 NZLR 810 per Elias J at p 811). Taking instructions prior to receipt of psychologist’s report [8] Lawyer X stated in his response to the original complaint by letter of 1...