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...decision said that Maori were "significantly disadvantaged" by the way the Maori Option exercise was carried out. But, because the Govenlment handling of the option was not "substantially unfair", the Court did not uphold an appeal by the Maori Congress, Maori Women's Welfare League and others that the exercise was unlawful. The court did say, though, that the Crown should feel "some concern" at what had occurred, and that an "extensive ef...
...scope of review [39] 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...
...of good faith under s 4 of the Act, via s 100D(4). [92] My earlier discussion resolves this issue. A refusal to comply with an LPS agreement may fall for assessment under s 4, not via s 100D(4) but by s 100D(2). [93] Further, as the Court of Appeal noted in New Zealand Professional Firefighters Union v New Zealand Fire Service Commission, a breach of a relevant agreement may not necessarily amount to a breach of good faith, for example, if there has been a genuine misinterpretati...
...scope of review [78] 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 tha...
...scope of review [43] 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...
...v Police (ibid) at p. 21. 7 newspaper publicity, which the learned District Court Judge referred to as going “close to the wire”, there would have been no possible basis to order suppression of name now. I suppose the outcome of this appeal is simply an illustration, or example, of how the concept of freedom of speech and openness of justice can, if stretched when not permitted, lead as is the case here to the press being denied later the right on behalf of, and as surrogat...
...for “without substantial merit” is objective.28 In Dewes v IAG New Zealand, the CEIT determined the question to be “what ought the party and its advisors have known about the prospects of the argument in question being successful?”29 On appeal, the High Court accepted the CEIT’s approach to the issue.30 [61] In Trustees Executors Ltd v Wellington City Council, Simon France J found that the defendants had advanced a case without substantial merit.31 In considering whet...
...discussed by the High Court, which said of the process of review under the Act:6 6 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 7 … 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...
...application for leave has been made too late if the fixture is to be retained, as has been the defendant’s consistent stance including as recently as last week when it opposed an adjournment of the case when that issue was before the Court of Appeal. [13] Although the interlocutory application currently proposed by the defendant has been made too late so far as the fixture (now less than a week hence) is concerned, that is not to say that it cannot be renewed when the issue of cos...
...the threshold test in r 5.45(1) has been met and, if so, how the Court’s discretion should be exercised under r 5.45(2). [11] In exercising its broad discretion the Court must have regard to the overall justice of the case. As the Court of Appeal observed in McLachlan Ltd v MEL Network Ltd: 4 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for s...