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1. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

   ...by way of example, defalcation of client’s money would be a failure to exercise management responsibility over the agent. [39] Mr Mortimer submitted that the principle of management responsibility is supported by the judgment of the Court of Appeal in Barfoot & Thompson v Real Estate Agents Authority3 (concerning an agency’s policy as to managing agents’ and salespersons’ conflicts of interest). He also referred to the decision of the Tribunal in...

2. LD Trust v CN LCRO 300/2013 (29 November 2016) [pdf, 236 KB]

   ...Scope of Review [53] 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...

3. Karena v Allen - Te Koau A (2016) 55 Takitimu MB 148 (55 TKT 148) [pdf, 355 KB]

   ...the court may stay all or part of the proceeding on such conditions as are considered just. (4) This rule does not affect the court's inherent jurisdiction. [24] The established criteria for striking out was summarised by the Court of Appeal in Attorney-General v Prince, where the Court noted that it is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed. The jurisdiction is one to...

4. Napia v Toia - Estate of Te Wiremu Napia [2016] Chief Judge's MB 420 (2016 CJ 420) - (259 KB) [pdf, 255 KB]

   ...certificate demonstrating that Paora Wiremu Napia was a child of Te Wiremu Napia. 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2016 Chief Judge’s MB 431 [24] A birth certificate is prima facie evidence of the truth of the information they contain. 6 However that presumption may be rebutted if the Court is satisfied on the ba...

5. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...breach of the ss 22 and 26 rights, or to permissible civil committal. 19. The leading New Zealand decision on the distinction between penal and civil measures is Belcer v Chief Executive of the Department of Corrections, in which the Court of Appeal examined the consistency of extended supervision orders under the Parole Act 2002 with s 26(2) of the Bill of Rights Act.[18] 20. The Court usefully framed the issue as follows:[19] “It is not uncommon for legislation to provide f...

6. LCRO 134/2019 NM v LL (23 October 2020) [pdf, 207 KB]

   ...scope of review [34] 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 th...

7. LCRO 189/2016 EM v FN and GP (19 May 2017) [pdf, 158 KB]

   ...scope of review [41] 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...

8. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...process of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6 … 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 f...

9. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 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:6 … 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...

10. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

    ...scope of review [36] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...