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  1. Legal Aid Practice Standards [pdf, 487 KB]

    ...set out principles and procedures to assist lawyers in the effective, efficient and economic delivery of high quality legal aid services. For many lawyers the practice standards will reflect the way they currently practise. The practice standards form two parts, namely: 1.1 General practice standards that are applicable to all areas of law, and 1.2 Additional standards that are applicable to the following areas of law: 1.2.1 Criminal 1.2.2 Family 1.2.3 Māori Land Court/ Māori Ap...

  2. Slinger v Zhou [2015] NZIACDT 38 (15 April 2015) [pdf, 242 KB]

    ...it (clause 1.5(a)); and [8.1.4] She did not set out the fees and disbursements before commencing work that incurred costs (clause 8(b)). [8.2] That Ms Zhou breached clauses 1.1(a) and (b) of the 2010 Code; those provisions required Ms Zhou to perform her services and carryout the lawful informed instructions of clients with due care, diligence, respect and professionalism. The particulars of the alleged breaches of those obligations were: [8.2.1] In July 2011, the applicants engaged M...

  3. [2011] NZLCDT 9 Canterbury Standards Committee v X [pdf, 197 KB]

    ...knew, at the relevant times, that Mr S had died in 2003. [42] Dealing now with the allegation in support of the misconduct charge that the quantum of the invoice of 14 September 2007 was not justifiable either in relation to work actually performed and/or as a reasonable fee incurred in the administration of the estate. [43] The invoice was for $21,000 plus GST and disbursements. It was said to arise as a result of time spent (175 hours) trying to locate two bequest beneficia...

  4. 2021 archive

    ...addition to travel exceptions list Temporary issues with 0800 2 LEGAL AID Update on the outcome of the Police Detention Legal Assistance (PDLA) trial roster survey Criminal Cases Review Commission – update to granting process Legal Aid application forms updated due to the Privacy Act 2020 Legal Services - Waikato Alcohol and Other Drug Treatment Court New addition to travel exceptions list Update on Legal Aid Services response to COVID-19 (12 March 2021) Update on Legal Aid Services response...

  5. Jones v Sircombe [pdf, 43 KB]

    ...contractor”, and at no time sought the advice of the retailer as to the preferred roofing material that might be used. It was the builders who recommended the product. The shop did not stock Onduline and never had, and it was at the specific request of the claimant that the product was ordered in. It was then received and dispatched to the building site. 36. Ms Byers submitted that at all times the fourth respondent acted in good faith, promptly referring the complaint to th...

  6. HT v CJ Ltd [2019] NZDT 1508 (2 October 2019) [pdf, 181 KB]

    ...witness to the conversation, HT’s account is accepted as the best evidence of what was discussed. 7. The terms of a contract are generally determined by agreement at the time of the contract. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. In this situation, it was understood that the detail of the cover would be contained in the policy document, but the basic contract was already formed before the document was received. I...

  7. KB v O Ltd [2024] NZDT 192 (14 March 2024) [pdf, 203 KB]

    ...contract, and if so, what damages are reasonable? Was the kitchen design chosen by KB in December 2021, a variation to the contract? 5. I find that the L-shaped kitchen design selected by KB in December 2021 was a variation to the contract formed with O Ltd for purchase of the property. The L-shaped kitchen design, incorporating a double-doored fridge, was clearly offered as one of two options, by G on behalf of O Ltd in an email dated 14 December 2021. CI0301_...

  8. Brokenshaw - Te Kaha B6X2 (2003) 81 Ōpōtiki MB 18 (81 OPO 18) [pdf, 891 KB]

    ...family to reclaim possession of the land and the house. She also expressed concerns about the chattels in the house. This application was filed with the application under section 20/1993. In support of the application Ms Brokenshaw filed an affidavit requesting that the Court consider the following. First of all that she had filed an application under section 18(1 )(a)/1993 determining ownership of the house and garage on Te Kaha B6X2. Secondly, that the block was owned jointly by herse...

  9. Brockie & Anor as Trustees of the Brockie Trust v Millington [2010] NZWHT Wellington 5 [pdf, 245 KB]

    ...was a high wind/high exposure zone. In terms of his brief it was incumbent upon Mr Tribe to draw the attention of Mrs Brockie to this design weakness and the likelihood of it increasing the possibility of leaking so that she could make an informed decision. [30] A major area of leaking in this property was at the door thresholds and the deck. The deck had no fall. Mr Tribe was asked if he had used a spirit level to establish there was a fall. He said he did not and he h...

  10. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

    ...Employment Relations Act 2000 (the Act). [4] Costs were reserved with a timetable being imposed that would have ensured Chief Judge Colgan could have resolved any application for costs prior to his retirement. However, on 28 June 2017, counsel requested a revised timetable so that this could no longer be the case. [5] In a minute issued on 29 June 2017, Chief Judge Colgan recorded these views: If it assists the parties and the Judge who is to determine costs, my present vie...