Search Results

1. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...scope of review [48] 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...

2. Marywil Investments Ltd v North Shore Ctiy Council [pdf, 65 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2008-100-000031 BETWEEN MARYWIL INVESTMENTS LIMITED as Trustee of the MARYWIL TRUST Claimant AND NORTH SHORE CITY COUNCIL First Respondent AND MURRAY AITKEN Second Respondent AND PLASTER SYSTEMS LIMITED Third Respondent AND RICHARD POTTER Fourth Respondent AND MW AITKEN ENTERPRISES LIMITED Fifth Respondent AND HENDRIK KANON Sixth Respondent Hearing: 9 and 10 June 2009 Appearances: S Thodey and R Karal

3. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...Contracts Act 1991, which applied when that case was decided, and frivolous in cl 15 should be equated with futile. In STAMS the proceeding before the Court was considered frivolous because it was misconceived. It was misconceived because the appeal in that case had not survived a settlement negotiated in the lead-up to trial. Mr Dearing submitted that, applying this approach, the same outcome should be reached in relation to Mr Maharaj’s proceeding. Mr Maharaj had settled his c...

4. LCRO 272/2016 XK v JB (24 June 2019) [pdf, 346 KB]

   ...scope of review [65] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:14 … 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...

5. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 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: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 tha...

6. LCRO 5/2020 AJ v BN (30 September 2020) [pdf, 263 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: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 tha...

7. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...approach was challenged in Commissioner of Police v Andrews [2015] NZHC 745, [2015] 3 NZLR 515 (Andrews). In that case the Tribunal had declined an application by the Commissioner of Police for an award of costs against the unsuccessful Mr Andrews. On appeal by the Commissioner the High Court held: [9.1] It is open to the Tribunal to develop new guiding principles for the award of costs, principles which better reflect the jurisdiction in which the Tribunal operates. See [60]. [9.2]...

8. LCRO 62/2017 & LCRO 63/2017 HC and RE v DL (9 January 2020) [pdf, 239 KB]

   ...Scope of Review [42] 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...

9. LCRO 116/2019 RLF v DN (29 January 2020) [pdf, 211 KB]

   ...review under the Act:11 11 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 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 tha...

10. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

    ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribuna...