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1. Lochead-MacMillan v AMI Insurance [2012] NZHRRT 5 [pdf, 109 KB]

   ...purpose for which they are brought into being is for use in existing or contemplated litigation. In the case of contemplated litigation, legal proceedings must be a definite prospect rather than a vague possibility. The test adopted by the Court of Appeal is whether litigation is reasonably apprehended at the time the document comes into existence; this will be a question of fact in each case. [citations omitted] [28] The Court of Appeal decision referred to at the end of this passage i...

2. Auckland Standards Committee 1 v Hart [2012] NZLCDT 26 [pdf, 177 KB]

   ...of the instances he had in fact been paid but had overlooked paying the expert. [30] Furthermore, in relation to Charge 1, Mr King pointed out that the two findings of unsatisfactory conduct which are identical to this finding are the subject of appeal to the LCRO and it was submitted they should not be taken into account. They are of course findings which currently stand until reversed by the LCRO. We do not consider we are precluded from taking account of them and the pattern wh...

3. LCRO 38-2015 PF v MF [pdf, 222 KB]

   ...scope of review [19] 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...

4. LCRO 45 and 46/2014 PO v RQ and FE [pdf, 273 KB]

   ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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 60/2017 NV v GW (31 July 2017) [pdf, 191 KB]

   ...scope of review [30] 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 that...

6. LCRO 174/2013 ZF v H BU and G BU [pdf, 252 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:25 … 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...

7. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...LCRO on review [28] 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 tha...

8. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...Scope of Review [84] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … 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...

9. [2018] NZEmpC 22 Kids Republic Playland Ltd v Lowe [pdf, 471 KB]

   ...Dewar.2 It said: [16] Next, it is appropriate to refer to the relevant principles which apply to the hearing of a non de novo challenge since these differ from those relating to a de novo challenge: a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong.3 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...

10. Love v Samuel and Sharon Gemmell Whanau Trust - Anatohia Section 90C Block XVIII Gore SD [2016] Chief Judge's MB 122 (2016 CJ 122) [pdf, 297 KB]

    ...Judge’s jurisdiction upon the sale of Anatohia Section 90C Block XVIII Gore SD: a) Section 48(1) of Te Ture Whenua Māori Act 1993 states that no order made by the Chief Judge under section 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. b) In 2002, the Block was sold to the Sam and Sharon Gemm...