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...imposes obligation on an applicant to file their application promptly. This is intended to ensure that the statutory objective of having complaints dealt with expeditiously is achieved. 4 Customs Appeal Authority No 29/208 (1999) 1 NZCC 51, 128 (CAA). 5 KX v WA LCRO 84/2012. 6 [33] The provisions of s 198 of the Act are stated in mandatory terms and there is no statutory discretion to ameliorate their harshness. I accept thi...
...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 1 Standards Committee De...
...by the Registrar is that the adviser breached clause 2.2 of the Code. That provision prescribes a mechanism for licensed immigration advisers to deal with clients seeking to lodge unfounded applications. It provides: “If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must: a) encourage the client not to lodge it; and b) advise the client in writing that, in the adviser’s opi...
...to assume” that the Commissioner of Inland Revenue was conducting a search, for the purposes of s 21, when requesting information from the New Zealand Stock Exchange under statutory authority. In R v Javid [2007] NZCA 232 at [45(a)], the Court of Appeal accepted that the obtaining of confidential information from a telecommunications company (text messages) by the police was properly seen as a search and seizure. 4 Section 6 of the Bill of Rights Act; Drew v Attorney-General [2002]...
...contentious; (e) It will be more efficient in terms of cost and time for all parties and interested persons to have the application referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Council; and (f) Upon the further grounds contained in the affidavit of Matthew William Twose dated 25 June 2018. [3] We have considered earlier decisions of the Environment Court about applicati...
NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 34 LCDT 022/16 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WELLINGTON STANDARDS COMMITTEE 2 Applicant AND PETER JAMES MORAHAN Respondent CHAIR Judge BJ Kendall (retired) MEMBERS OF TRIBUNAL Mr J Bishop Mr W Chapman Mr S Maling Mr K Raureti On the papers DATE OF DECISION 22 November 2017 COUNSEL Mr D La Hood and Mr I S Auld for the Appl
...helpful guide: (a) length of delay; (b) reasons for delay; (c) scheme of the Act relating to public participation ; (d) what has happened in the proceeding in the meantime; (e) what effect introducing new parties might have on progressing the appeal to resolution . [14] The s274 notice was filed four days late which is not excessively late in the absence of any party raising any issues of prejudice. Mr Walker does not give any compelling reasons for his delay. While there may...
...section 165 of this Act, section 4A of the Maori Vested Lands Administration Act 1954, and section 10 of the Maori Reserved Land Act 1955. [15] A relevant authority is the Māori Appellate Court decision Phillips v Ashby – Oromahoe 17B2. 1 That appeal concerned a gifting of shares between siblings. It was argued by the appellant that tikanga Māori required the approval of the relevant hapū to any gifting of shares. [16] On that point the Appellate Court stated: [16] On...
...provide the legislative mandate to the trustees to “transfer” estate lands for the purposes specified. What is proposed here, an occupation 1 [2011] Māori Appellate Court MB 143 (2011 Appeal 143) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM291869#DLM291869 56 Tākitimu MB 53 order, is a much lesser right than transfer of the freehold. Then there is the reality that there are no restricti...
...incorrect advice as a result is not contested. This is not a case where a party has simply failed to call evidence that was available, and only chose to do so after an adverse result. The circumstances come within the general principles where an appeal or application for rehearing is allowed due to a fundamental error on the part of counsel. The misunderstanding regarding the right to silence, and the drawing of adverse inferences is quite different from the inevitable decisions that...