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Search results for appeal.

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  1. LCRO 135/2024 FA v TK and GY (25 March 2025) [pdf, 184 KB]

    ...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: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...

  2. LCRO 9/2022 LJ v TW obo trustees of PQ and RQ Family Trust (19 June 2024) [pdf, 183 KB]

    ...scope of review [56] 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...

  3. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

    ...is of course not a criminal case, the Tribunal considers it is an application to strike out a case on the basis that it discloses no reasonably arguable cause of action. The principles to be applied in such a case are summarised by the Court of Appeal in Attorney-General v Prince & Gardner1 and endorsed by the Supreme Court in Couch v Attorney-General.2 Significantly an application to strike on this basis must proceed only in those cases where the

  4. Auckland Standards Committee v ABC [2012] NZLCDT 14 [pdf, 181 KB]

    ...speech recognised by s 14 of the New Zealand Bill of Rights Act 1990, the importance of open judicial proceedings, and the right of the media to report proceedings.5 That principle has been reaffirmed on a number of occasions,6 and the Court of Appeal has confirmed that open justice principles are equally applicable to civil cases.7 [47] Any exercise of the power to suppress the practitioner’s name allowed by s 240 Lawyers and Conveyancers Act 2006 should also take into accou...

  5. After you make a claim

    ...hearing The referee will make an order or approve an agreed settlement, and provide written reasons for their decision. Find out what to do if: the decision is in your favour  the decision is not in your favour you want a rehearing you want to appeal the decision  

  6. Explore the criminal justice system

    Car crash kills two, driver aged 20 is charged This is the story of how New Zealand's criminal justice system works – from the District Court to the High Court and the Court of Appeal. It all starts when 20-year-old Oliver Fender runs a red light, crashing his car and killing two people. We start with the night of the crash, and the lead up to him being charged by the Police with several crimes. In this section: The crime Before the trial Trial and prison Oliver's story in pictures...

  7. [2008] NZEmpC AC 22/08 NZ Amalgamated Engineering Printing and Manufacturing Union v Marley NZ Ltd [pdf, 80 KB]

    ...the parties in Parkes had. Instead they used the term “appropriate rate” which was quite different to that used in Parkes and that difference must be given proper weight. [26] As invited to by the Court, Mr Wilton addressed the Court of Appeal’s decision in Radio New Zealand Ltd v Clark [1993] 1 ERNZ 270 at 271 in a subsequent memorandum. In Clark the Court of Appeal had held that both the Employment Court and the Employment Tribunal had placed too much emphasis on inter...

  8. [2007] NZEmpC AC 45/07 Wyatt v Simpson Grierson Parternship [pdf, 97 KB]

    ...contained in s248 of the Employment Relations Act 2000, the Authority exercised the jurisdiction of the Employment Tribunal under the Employment Contracts Act 1991 in making that decision and that the proceedings in the Court were primarily by way of appeal pursuant to s95 of that Act. [9] As it was part of Mr Wyatt’s case that the cause of action with respect to the 1999 salary issue had yet to accrue, he framed the proceedings in the alternative as being a challenge to a deter...

  9. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

    ...of his or her duties as a trustee. (2) The Court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [37] The Court of Appeal in a recent judgment Rameka v Hall underscored the relevant duties of a trustee including the principal obligation of being familiar with the terms of the trust: 9 [28] The general responsibilities of responsible trustees are set out...

  10. Barnes v Adlam – Matata Parish 39A 2A Ahu Whenua Trust (2015) 127 Waiariki MB 184 (127 WAR 184) [pdf, 291 KB]

    ...The results of the voting on the three options were: 3 Adlam v Savage – Lot 39A Sec 2A Parish of Matata and Lot 39A Sec No. 2B2A Parish of Matata (2015) 2015 Māori Appellate Court MB 59 (2015 APPEAL 59). 4 Trustees of the Otonga Whānau Trust v The Trustees of Matata Parish 39A 2A Ahu Whenua Trust – Lot 39A Sec 2A Parish of Matata and Lot 39A Sec 2B No. 2B No 2A Parish of Matata (2014) 95 Waiariki MB 176 (95 WAR 176). 127 Wa...