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1. Auckland City Council as Assignee v Irwin [pdf, 196 KB]

   ...plaintiffs to protect their raspberry plants from the effect of the herbicide. While in the High Court Mr Ivory had been found to owe a duty of care to the plaintiffs which he had breached with his negligent advice, it was found in the Court of Appeal that the test as to whether an officer or servant of the company, no matter what the status of that person was, had any liability depended on whether there had been an assumption of a duty of care actual or imputed which depended on...

2. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

   ...anything, simply an employment issue between him, the defendant licensee, and PGG Wrightson, and does not amount to conduct that could warrant a disciplinary finding by us. [37] In Miller v REAA & Robinson [2013] NZREADT 14, we considered an appeal from a Complaints Assessment Committee decision to take no further action in respect of an allegation that a salesperson, after ending his employment relationship with an agency, removed files from that agency. The Committee initially c...

3. The Māori Trustee v Smith - Waipaoa 5A2 (2016) 62 Tairawhiti MB 122 (62 TRW 122) [pdf, 471 KB]

   62 Tairawhiti MB 122 IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRĀWHITI DISTRICT A20150003384 UNDER Sections 19(1)(a) and 20 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waipaoa 5A2 – Injunction and Recovery of Māori Freehold Land BETWEEN THE MĀORI TRUSTEE Applicant AND BRUCE WINSTON ANDERSON SMITH Respondent A20140012500 A20150003329 A20150003333 UNDER Sections 240 and 43 of Te Ture Whenua Māori Act 1993 IN THE MA

4. LCRO 119/2016 XY, ZW, QM, and ABC Lawyers v TQ (16 November 2018) [pdf, 466 KB]

   ...scope of review [64] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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. [2019] NZEmpC 151 Zhang v Telco Asset Management Ltd [pdf, 537 KB]

   ...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. 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 its d...

6. LCRO 20/2020 WD and FJ v EG, SN and PL (7 April 2022) [pdf, 354 KB]

   ...scope of review [105] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:19 … 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...

7. OIA-113637.pdf [pdf, 6.3 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 6 August 2024 Ref: OIA 113637 Tēnā koe Official Information Act request: Ministerial reports Thank you for your email of 1 July 2024 requesting, under the Official Information Act 1982 (the Act) copies of reports provided to the Minister and Associate Minister of Justice. Specifically, you requested: Under the Official Information Act,

8. Waitangi Tribunal - Part IV Te Urewera [pdf, 4.2 MB]

   T E U R E W E R A P A R T V I Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W A I T A N G I T R I B U N A L R E P O R T 2 0 1 5 W A I 894 T E U R E W E R A P r e - p u b l i c a t i o n P a r t V I Downloaded from www.waitangitribunal.govt.nz

9. Waitangi Tribunal - Part 6 Te Urewera [pdf, 4.2 MB]

   T E U R E W E R A P A R T V I Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz W A I T A N G I T R I B U N A L R E P O R T 2 0 1 5 W A I 894 T E U R E W E R A P r e - p u b l i c a t i o n P a r t V I Downloaded from www.waitangitribunal.govt.nz

10. [2011] NZEmpC 100 Liu v South Pacific Timber (1990) Ltd [pdf, 107 KB]

    ...the same or similar factual allegations, but that went against the applicant in the Authority. Although, if leave is granted, the applicant may proceed with a clean slate to establish his case, the challenge is generally in the nature of an appeal, certainly as far as this application for leave and consideration of merits is concerned. [8] In Stevenson v Hato Paora College Trust Board 3 Judge Shaw described this test as being “the absence of any realistic prospect of success...