Search Results

1. LCRO 184/2018 DP v VK (17 December 2019) [pdf, 153 KB]

   ...scope of review [4] 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 187/2017 MO v FP (13 December 2019) [pdf, 163 KB]

   ...the Act:8 7 [1969] 2 AC 3. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 … 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. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 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:2 … 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...

4. LCRO 23/2018 SB v ES (31 October 2019) [pdf, 129 KB]

   ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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...

5. Rihari v Auckland - Takou (2021) 240 Taitokerau MB 42 (240 TTK 42) [pdf, 309 KB]

   ...whether the trustee had carried out his or her duties satisfactorily in an objective sense before deciding whether to exercise my discretion concerning removal.9 9 Taurua v Harawira – Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 240 Taitokerau MB 48 [27] The amended s 240 states: 240 Removal of trustee (1) The court may at any time, in respect of any trustee of a trust to which this Part applies, make an order for the removal of...

6. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...contact may in the circumstances amount to confidential information that should not be disclosed or used against the client. [68] A discussion of this issue would not be complete without a consideration of the case of Black v Taylor,34 which was an appeal from the judgment of McGechan J in the High Court. In the Court of Appeal part of McGechan J reasons were adopted by Cooke P: Last, the lawyer (and particularly the family solicitor) gets to know personalities. He gets to know s...

7. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 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: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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 8 The Review Officer has broad powers to cond...

8. [2025] NZEmpC 90 Youtap Ltd v Johnston [pdf, 244 KB]

   ...https://www.legislation.govt.nz/act/public/2000/0024/latest/link.aspx?search=ts_act%40bill%40regulation%40deemedreg_employment+relations+act_resel_25_a&p=1&id=DLM61444#DLM61444 [45] In Rasier Operations BV v E Tū Inc, the Court of Appeal considered Bryson in the context of a s 6 claim brought by ride share Uber drivers.11 Again, the principal issue was whether those drivers were employees. In that context, the Court of Appeal adopted a two-stage inquiry:12 (a) First...

9. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...New Zealand Fisheries Ltd v Napier City Council CA173/88 and CA199/88, 24 November 1989 as referred to in Harman & Co Solicitor Nominee Company v Secureland Mortgage Investments Nominees Ltd [1992] 2 NZLR 416, 421 5 [2002] 2 ERNZ 340 Appeal decisions in Commissioner of Police v Cartwright6 and Attorney-General v B7 to support this submission. However, these need to be read in the context of the relevant statutory scheme. [22] By s87 of the Police Act 1958, the personal...

10. [2010] NZEmpC 80 Willis v Fonterra Cooperative Group Ltd [pdf, 84 KB]

    ...an employee’s actions the test in s 103A “does not give an unbridled license to substitute [the Authority’s and the Court’s] views for that of an employer”. He also cited Whanganui College Board of Trustees v Lewis,9 where the Court of Appeal held that the ascertainment of facts by an employer enquiring into allegations of serious misconduct where there are conflicting accounts does not involve any legal standard of proof. The employer: “acting reasonably, will be entit...