Search Results

1. LCRO 73/2019 LM v NO (27 July 2020) [pdf, 224 KB]

   ...scope of review [35] 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...

2. Stewart v Stewart - Kaiwaitau 6 and Other Blocks (2020) 236 Waiariki MB 37 (236 WAR 37) [pdf, 193 KB]

   ...pathway and take a more analytical approach if it considers that is necessary.6 A review of trust will, therefore, often require consideration of a trust’s performance and the competence of the trustees.7 [36] In Rameka v Hall, the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying out the terms of the trust, proper 5 Proprietors of Mangakino Townsh...

3. [2019] NZEmpC 193 Ikundabose v McWatt Group Ltd [pdf, 214 KB]

   ...basis, whether the employer’s actions, and how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred. In Grace Team Accounting Ltd v Brake, the Court of Appeal affirmed the Employment Court’s finding that it is appropriate for the Employment Court to consider the genuineness of the redundancy. It defined “genuine” as meaning that the decision is based on business requirements and...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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...