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1. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...with the same powers and authorities that the High Court has in respect of trusts generally, under the Trustee Act 1956 and the common law by virtue of the Court’s inherent jurisdiction. This jurisdiction is not exclusive. 9. The Court of Appeal has described the Māori Land Court’s powers with respect to trusts as “the most extensive supervisory powers”. This is in keeping with the 4 Māori Trustee v Smith – Waipaoa 5...

2. Cabinet Paper - Privacy Bill 2018 - Approval for Introduction and Additional Policy Decisions [pdf, 354 KB]

   ...affected individuals. 3 12.2. Compliance notices: The Commissioner will be able to issue compliance notices to require an agency to do something, or stop doing something. The Human Rights Review Tribunal can enforce compliance notices and hear appeals. 12.3. Strengthening cross-border data flow protections: New Zealand agencies (the name used for any entity handling personal information) will be required to take reasonable steps to ensure that personal information disclosed over...

3. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

   ...their obligations under a trust. At this point our examination of the conduct of the trustees is confined to the finding of inequitable treatment of beneficiaries. The duties that are relevant to the actions of the trustees in the context of this appeal and which we need to consider are those to adhere to the terms of trust, to maintain impartiality between beneficiaries and to avoid any conflict of interest. [37] The authors G E Dal Pont and D R C Chalmers in Equity and Trusts in Au...

4. Parininihi Ki Waitotara Incorporation- Section 53 Block IX, Opunake Survey District (2005) 159 Aotea MB 146 (159 AOT 146) [pdf, 1.2 MB]

   ...status change remains, albeit in a limited range of situations. It is simply a question of dealing with each particular application on its merits, taking into account the necessary con..''l'iderations. " [14J The High and Court of Appeal judglnents, Edwards v Maori Land Court and Bruce v Edwards [2003] 1 NZLR 515 were cited by counsel. In1portant obiter statelnents were Inade in the High Couti decision concerning the rights of owners and the views of the preferred...

5. 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...

6. 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...

7. [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...

8. 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...

9. 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...

10. 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...