Search Results

1. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...of Review 7 [31] 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...

2. UK v WM LCRO 144/2013 (2 September 2016) [pdf, 104 KB]

   ...Scope of Review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:17 … 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...

3. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 5 [pdf, 188 KB]

   ...case, although we express no firm view on this point, the advertisement may have achieved this by using the word “roughcast”, given that it was highlighted in the listing agreement. … [53] Our consideration of the second aspect of the appeal (as to disclosure and advertising) leads us to draw licensees’ attention to r 10.7. When licensees can see from their own knowledge and experience that a property may be subject to hidden or underlying defects (such as that it may be...

4. LCRO 130/2017 HS v NC and EH (18 September 2019) [pdf, 260 KB]

   ...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]....

5. LCRO 207/2015 CA v BE (21 August 2018) [pdf, 205 KB]

   ...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...

6. LCRO 55/2020 MY v KA (5 October 2020) [pdf, 182 KB]

   ...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...

7. Baker v Hemana - Tataraakina C (2020) 87 Takitimu MB 100 (87 TKT 100) [pdf, 277 KB]

   ...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...

8. Puohotaua v Cribb (2019) 402 Aotea MB 230 (402 AOT 230) [pdf, 399 KB]

   ...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...

9. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...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...

10. LCRO 12/2014 EE v Standards Committee (31 May 2018) [pdf, 259 KB]

    ...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...