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...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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. 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]....
...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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 tha...
...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...
...drop. [8] The application fell at the first hurdle of the requirements of s 19(1)(a), namely whether there had been an actual or threatened trespass to the land, or some other injury to the land. Following the reasoning outlined by the Court of Appeal in McGuire & Makea v Hastings District Council, Judge Coxhead assessed whether or not there had been unlawful entry on the land or other injury that was first caused by an unlawful act.3 The Court determined there was no unlawful...
...duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [19] The approach regarding removal was considered by the Court of Appeal in Rameka v Hall where that court confirmed.8 [30] The settled approach in the Maori Appellate Court in applying s 240 is to make an assessment of these standard duties together with what the Court has described as: … the bro...
...scope of review [47] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … 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 th...
...Scope of Review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...
...scope of review [30] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...
...(SCNZ) at para [33]). But limitation questions will not be decided in interlocutory proceedings in advance of the hearing except in the clearest of cases (Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 at para [31]). [26] On appeal in Commerce Commission v Carter Holt Harvey Ltd [2009] NZSC 120, [2010] 1 NZLR 379 this approach was reinforced by Elias CJ at [3]. Tipping J at [39] stated: As this is a strike-out application CHH must demonstrate that the Commission...
...scope of review [45] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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...