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1. 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...

2. 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]...

3. 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...

4. 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...

5. 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...

6. July 2022 Notification of Applications in Office of Chief Registrar [pdf, 381 KB]

   ...51-59 on 8 February 2012 - Application to the Chief Judge 19 A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008798 45/93 Josephine Wade CJ 2021/28 - Dean Wade - and a succession order made at 77 Taitokerau MB 16-23 on 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame Metua...

7. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...reforming offenders or reducing serious crime. Adverse impacts of the regime 18 The three strikes law has had several adverse impacts. It has attracted severe criticism for excessive and disproportionate punishment in many cases. The Court of Appeal has found sentences imposed under the regime contravene the New Zealand Bill of Rights Act 1990 (Bill of Rights Act).7 19 The main effects of the regime to date are: 19.1 removal of the possibility of parole, a useful tool for priorit...

8. LCRO 15/2021 JBC Limited v KD (24 August 2021) [pdf, 209 KB]

   ...the High Court, which said of the process of review under the Act:12 12 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 that...

9. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [12] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:11 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

10. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

    ...of amendments to precincts PC4 as notified proposed minor amendments to the I410 Drury South Industrial Precinct and Appendix I410.11.1. One submission in support as it related to those provisions was received from Drury South Limited. While appeals were received on the PC4 decision no appeals related to the Precinct or the Appendix. PC4 was made operative on 14 February 2020.7 (e) The issue in terms of compliance with the requirements of cl 25(2)(b) and cl 26(1) of Schedule 1...