Search Results

1. 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...

2. 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...

3. 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...

4. 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...

5. [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...

6. 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...

7. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...December 1994), at [52]. [91] Ms Lucas submitted that Mr Goundar’s conduct was not deliberate, and therefore not a breach of s 73(c). In support of this submission, she referred to the judgment of his Honour Moore J in the High Court, on appeal from the Tribunal’s decision in Clark, referred to above:11 … the Tribunal in a full and detailed decision found that … there had been a breach of s 136 of the Act but that it was not deliberate and thus misconduct in terms of...

8. LCRO 170/2020 KLM Limited v ND (30 March 2021) [pdf, 276 KB]

   ...scope of 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: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 that...

9. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 KB]

   ...scope of 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:27 … 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...

10. Macolm - Okataina 10 (2001) 206 Rotorua MB 287 (260 ROT 287) [pdf, 5.8 MB]

    ...intention of the parties was to contract in accordance with common practice, which in New Zealand is to obtain the signatures of both vendor and purchaser on a formal contract drafted by solicitors. No contract was completed, therefore, the Court of Appeal allowed the appeal. Counsel for Mr Malcom, on the other hand, argued this was not a subject to contract arrangement. He submitted that the terms of this contract were clearly set out in the resolution passed by the Trust at the me...