Search Results

1. JE v FQ LCRO 213/2012 (17 June 2015) [pdf, 85 KB]

   ...failed to follow appropriate process when tendering advice to Mrs JE’s elderly father, Mr SP, (“Mr SP Snr”), when Mr SP Snr sought Mr FQ’s assistance to revoke an enduring power of attorney in favour of the Public Trust, in favour of a new enduring power of attorney for property which granted power of attorney to Mr SP Snr’s son [SP’s son], and grandson, [SP’s grandson]. 2 The Complaint and the Standards Committee Decision [4] Mr and Mrs JE lodged a complaint...

2. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...complaints about Mrs RA. Mrs RA has applied for a review of the finding of unsatisfactory conduct against her. [2] This review involves a consideration of the issues faced by lawyers in areas where they or their firm are the sole providers of legal services. It also raises the important issue that lawyers are expected to be proactive in offering advice to their clients rather than adopting the position that all that is required is to merely implement a client’s instructions....

3. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...nevertheless accorded the status of respondent before us. [7] The record of appeal was made available to Dr Procter together with submissions that were filed on behalf of both appellants during the course of the luncheon adjournment and prior to him addressing the Court. We should add that questions from the Bench to Dr Procter were limited solely to an affidavit that he had sworn and filed in the Lower Court proceedings, dated 17 August 2011. In that sense the material canvassed...

4. LCRO 131/2020 JG v ZN (27 October 2021) [pdf, 160 KB]

   ...are made against Mr ZN and relate to his witnessing Mr HP’s signature to the EPAs. 3 In his letter to Ms JG (4 December 2019) Mr SC of [Law Firm B] says that “Mr ZX organised with Mr SA to obtain EPOAs…” 4 HP to Lawyers Complaints Service (6 January 2020). 5 Letter Spillane to New Zealand Law Society (8 January 2020). 3 [10] The outcome of the complaints sought by the complainants was:6 We would like this complaint looked into as per documentation attached with...

5. [2024] NZEmpC 55 Alexander v Thorn and EMPC [pdf, 213 KB]

   ...as a lay person he is unfamiliar with Court filing timeframes. He submits that the meaning is ambiguous and that he had difficulty finding public information to help him understand the meaning. Mr Thorn also referred to doubt over the correct address for service for Mr Alexander. [10] Mr Alexander disputes that Mr Thorn is a lay person who is unfamiliar with Court proceedings. His evidence refers to previous representations Mr Thorn had purportedly made about his knowledge of...

6. [2015] NZEmpC 124 Knapp v Locktite Aluminium Specialities Ltd costs [pdf, 109 KB]

   ...defendant company can offset the GST component of its own legal costs by claiming them as a business expense. [14] The position in relation to GST on costs is not beyond doubt in this Court and has been the subject of differing approaches. In Air New Zealand Ltd v Kerr 7 what was described as a “GST-neutral” approach was adopted. 8 This was recently followed in Wills v Goodman Fielder New Zealand Ltd, 9 where it was said that costs between the parties must be GST neutral a...

7. FE v SH LCRO 153/2014 (16 November 2015) [pdf, 57 KB]

   ...In his letter of complaint he referred to two specific matters being the “contingency fee arrangements” and the “sale of [Lodge]”. He says that he decided in April 2013 to sever his relationship with the firm because he realised the service he received from the firm had been deficient and the fees charged excessive. [8] He identified the solicitors connected with each complaint as being: • Mr LX in respect of both matters. • Mr QM in respect of the [Lodge] complai...

8. OP v RS LCRO 159/2015 [pdf, 89 KB]

   ...estate, the cost of transferring shares into her name, and professional fees for the administration of the estate by [AA] Law. All of those costs are a result of Mr OP’s passing and the terms of his will. Any of those problems should have been addressed in the course of finalising the Deed. None of them can properly be laid at Ms RS’s door. [21] Ms RS did not charge a fee to the estate for the work done by her or the legal executive. [22] Mrs OP says she is not certain what...

9. [2021] NZEmpC 133 Ngawaka v Global Security Solutions Ltd [pdf, 186 KB]

   ...challenge. Ability to pay [17] In its submissions Global Security stated that Mr Ngawaka has a minimum wage job, lives in a “budget level dormitory” and claimed he has no apparent savings. Those claims, and the basis for them, were not addressed in Mr Johnson’s affidavit. Mr Ngawaka did not address them in his submissions. [18] There is no evidence one way or the other about Mr Ngawaka’s ability to pay if there is an adverse costs order. However, an inference might...

10. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

    ...will be proactively contacted to ensure they are aware that there may be a parole or re-sentencing hearing. The Court Victim Advisor responsible for the victims’ case will notify the victim of any outcomes for the offender and inform victims of services available to them. 42 These will include all services available to victims at the time the offence was committed, regardless of whether these services were used at that time. Compensation excluded 43 I propose excluding any entitle...