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1. Muller v Yerman [2015] NZIACDT 88 (31 August 2015) [pdf, 99 KB]

   ...decisions is also justified by appropriate concerns about proper judicial administration. There is huge potential for abuse if recusal applications were permitted to be predicated on a party’s subjective perceptions regarding a Judge’s ruling. [101] We know of no common law jurisdiction which accepts that a Judge’s adverse rulings are disqualifying per se. The problem is rather whether an aggrieved litigant should be permitted to seek recusal on the basis of rulings that are eithe...

2. Miller-Hard v Stewart [pdf, 52 KB]

   ...that Mr Ford was saying that he had relied upon Mr Morrison’s expertise, so that if Mr Ford had succeeded in his defence, the Claimant would have been left without a remedy. 3.4 It is one of the responsibilities of the WHRS Assessor, under s.10(1) of the WHRS Act, to give a view as to the persons who should be parties to the claim. In this case, on page 49 of his report, the Assessor listed Mr Morrison as being a person who should be a party to the claim. He describes Mr Morr...

3. Director of Proceedings v Crampton (Costs) [2015] NZHRRT 39 [pdf, 51 KB]

   ...are sought for this period. 4 [10] In relation to the post-legal aid period, were it not for the operation of s 45(2) of the Legal Services Act, costs and disbursements would have been sought in the sum of $8,257.90 made up as follows: [10.1] Sixty-five percent of the total amount of $11,250. [10.2] Disbursements of $945.40. Relevant principles [11] The facts of the present case do not call for an extended discussion of the principles on which costs should be awarded or with...

4. [2009] NZEmpC WC 2/09 Mitchell v Blue Star Print Group (NZ) Ltd [pdf, 33 KB]

   ...– two days (estimate) 100.00 Total Personal Disbursements (partly estimated) 1,090.00 … The plaintiff also respectfully asks the court to consider other disbursements … Hotel Cost from evening of accident 100.00 Towing fees 101.00 Doctors costs that are not covered by ACC 750.00 [5] Mr Mitchell also seeks guidance from the Court whether he could claim the value of an insurance policy he cashed up to contribute to the costs of the proceedings. He also noted...

5. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

   ...an email chain between an officer of the Union and Mr Oldfield for which legal professional privilege is claimed, but will be disclosed to the plaintiff on the same basis of partial waiver of privilege as set out in [36]. [25] Document 101 consists of communications dated 14 December 2010 between Mr Oldfield and union officers. Legal professional privilege is claimed in respect of these communications and is upheld. This document does not need to be disclosed. [26] Documen...

6. LAT - Practice note - 2011 [pdf, 176 KB]

   ...[9.1] Every decision of the Tribunal must be given in writing and contain a brief summary of the reasons (s 56(2)). It will be delivered to the applicant through his or her representative (if any) and to the Commissioner. 10. PUBLICATION [10.1] Decisions of the Tribunal are normally publicly available unless the Chair determines otherwise, either of his or her own volition or on application by any party, in relation to the whole or any part of a decision (s 58). Decisions pu...

7. LCRO 68/2018 TY v HG (29 November 2019) [pdf, 220 KB]

   ...[61] He concluded by submitting that (beyond being an exhibition of incompetence) Mr HG’s conduct had been unsatisfactory because it was: (a) in breach of s 12(b) of the Act – unbecoming and unprofessional conduct; and (b) in breach of r 10.1 of the Rules – treating other lawyers with respect and courtesy – contrary to s 12(c) of the Act. Mr HG’s response to the review application [62] Coming now to Mr HG’s response to the review application, I reset the scene by rep...

8. Kanta v Prakash [2014] NZIACDT 64 (05 May 2014) [pdf, 126 KB]

   ...complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint. [10] The adviser breached the Licensed Immigration Advisers Code of Conduct 2008 and 2010 (both identically worded), in that he: [10.1] Failed to comply with the Code’s requirement that a professional engagement must be established with a written agreement containing a full description of services (clause 1.5(a), (b), (d) and (e)); [10.2] Breached the Code’s require...

9. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...occupation, in breach of r 2.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules); and (b) whether when acting in a professional capacity, Ms LL failed to treat Ms FA with respect and courtesy, in breach of r 10.1 of the Rules. [23] The notice said that the Committee would consider “the above issues … individually and collectively.” Submissions [24] Both parties provided extensive submissions to the Committee in response to its Not...

10. Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50 [pdf, 141 KB]

    ...2022 and requested that the specified period for commencing proceedings in s 98(3) be extended by a week under s 98(8). [13] Section 98(8) provides that the Chairperson (which includes a Deputy Chairperson pursuant to Human Rights Act 1993, s 101A) may agree to extend any time period specified in subsections (2)-(7) for commencing proceedings if the Chairperson is satisfied that “exceptional circumstances prevented proceedings from being commenced within the specified period.”...