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  1. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

    ...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

  2. Phillips - Ahipara A4 (2021) 438 Aotea MB 10 (438 AOT 10) [pdf, 333 KB]

    ...for the Phillips whānau. As a matter of law, it is part of the land and ownership of the house presently resides with the 10 Tihi v Nuku – Ruatoki B Sections 23, 25, 26B, 27, 31, 32, 33B2C2, 38, 79 [2019] Māori Appellate Court MB 531 (2019 APPEAL 531) at [25] summarising Ngā Uri a Maata Ngapo Charitable Trust v McLeod – Harataunga West 2B2A1 (2012) 49 Waikato Maniapoto MB 223 (49 WMN 223) and Skipper v Skipper – Awanui Haparapara 9 (2017) 159 Waiariki MB 3 (159 WAR 3). 11...

  3. [2024] NZEmpC 101  Auckland One Rail Limited v Rail and Maritime Transport Union [pdf, 286 KB]

    ...principles to apply. Interim injunction principles [12] There was no dispute about the principles to apply in considering the plaintiff’s application. They were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd where the Court of Appeal said:1 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolou...

  4. LCRO 72/2022 ND v TC and MB ( [pdf, 244 KB]

    ...with our obligations under the Lawyers Conduct and Client Care Rules 2008. Nature and scope of review [53] The High Court has described a review by this Office in the following way:27 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It involv...

  5. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

    ...The balance funds of the estate were distributed to the applicants shortly after the High Court held that no interest was owing, meaning that the estate had no potential liability for income tax on interest income. 2 So named for the Court of Appeal decision in Re Marshall (deceased) [1965] NZLR 851. 5 [25] The applicants as beneficiaries were dissatisfied with the manner in which the estate had been administered by the respondent as executor and with the quality and value of th...

  6. Martin v Accident Compensation Corporation (Treatment Injury) [2025] NZACC 35 (26 February 2025) [pdf, 263 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 035 ACAR 268/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN LINDA MARTIN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 12 February 2025 Heard at: Wellington/Te Whanganui-a-Tara. Appearances: Appellant is self-represented Mr Gee for the respondent Judgment: 26...

  7. FINAL_FLS_Lawyer-for-Child-Best_practice_guidelines_29.4.24.02.pdf [pdf, 432 KB]

    ...Child (UNCROC). 1.3 The welfare and best interests of the child is the paramount consideration of the Family Court in proceedings that involve children under these Acts. 1.4 Except in circumstances where a child is exercising their right of appeal, (sections 143 of the Care of Children Act 2004 (CoCA) and section 341(2) of the Oranga Tamariki Act 1989 (OT Act), and in limited circumstances as prescribed by these Acts (section 31 of CoCA), a child is not a party to the proceedings....