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...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 2 Stated verbally at the review hearing on 10 June 2014. 4 on any particular review and the extent of the investigati...
IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000112 [2012] NZWHT AUCKLAND 47 BETWEEN ROGER JERZY AND SAMANTHA KAY ZAGORSKI Claimants AND WILKINSON BUILDING AND CONSTRUCTION LIMITED First Respondent AND ALLIED HOUSE INSPECTIONS LIMITED Second Respondent AND AUCKLAND COUNCIL Third Respondent AND RICHARD ANDREW JOHN WILKINSON Fourth Respondent AND CATHERINE WILKINSON Fifth Respondent AND TIMOTHY JOHN BURCHER Sixth Respondent AND
...was found liable as project manager after being in charge of the site, selecting and sequencing the subcontractors. However the issue in Ryang was not whether Mr Lee was the project manager. Mr Lee accepted that he performed this role but appealed to the High Court, after failing to appear before this Tribunal, on the ground that his contract protected him from liability. Ryang therefore does not assist the Council’s case against Mr de Geest. [16] In Hartley v Balemi6...
...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his or her own judgement for that of the Standards Committee, without good reason. [26] In Deliu v Hong it was noted that a review is:2 …much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the review officer reac...
...~laim that he is a .natural child of the deceased and therefore it is Clear that he is entitled to be recognised as a child of the deceased and to succeed to the deceased's interests accordingly. 1 [2010] MaoriAppellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge's MB 209-225 (2009 CJ 209) 2014 Chief Judge's MB 486 [11] As a result, I am satisfied that there was an error in the presentation of the facts to the Court. Orders [12] Accordingly, in terms...
...that the other powers of detention in new ss 107 and 107B fall within the ambit of s 22 of the Bill of Rights Act, however we do not consider that the provisions could be interpreted as authorising “arbitrary detentions”. The New Zealand Court of Appeal has stated that a detention is arbitrary when it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures. [4] For this reason arbi...
...5 165 Waiariki MB 139-151 (165 WAR 139-151). 6 170 Waiariki MB 195-211 (170 WAR 195-211). 7 Tatere v Te Aute Trust Board - Mangatainoka No 1B No 2C Tamaki No 2A2A (Balance) [2013] Māori Appellate Court MB 243 (2013 APPEAL 243). 171 Waiariki MB 86 [15] The applicant raises a further issue regarding a payment made by the Māori Trustee to Hoata Farms Ltd for work done on the block. The applicant submits that the work was not commissioned and th
...and 91 Land Trust (2005) 15 Whanganui Appellate Court MB 192 (15 WGAP 192). 16 151 Taitokerau MB 219-251 (151 TTK 219-251) at 248. 17 See Taueki v Horowhenua Sailing Club – Horowhenua 11 (Lake) Block [2014] Maori Appellate Court MB 60 (2014 APPEAL 60). 162 Taitokerau MB 279 [40] Wynyard has shown blatant disregard for the authority of the other trustees. He has treated them with contempt and has expressed strong beliefs that he is the true and rightful owner of this l...
...Ministerial Review of the Foreshore and Seabed Act 2004. [1] 7. The law governing ownership of and rights to the marine and coastal area (previously termed the ‘foreshore and seabed’) has been highly contentious and divisive. Until the Court of Appeal decision in Ngāti Apa, [2] it was widely believed that any Māori customary title to the marine and coastal area had been extinguished by various pieces of legislation, and in accordance with Re the 90-Mile Beach. [3] 8. In Ngāti Ap...
...that land changed to general land: refer Himatangi 2A1 (1962) 70 Otaki MB 29 (70 OTI 29).6 [27] In Jimmieson – Mangawaakino 4D2B (1978) 15 Waikato Maniapoto Appellate MB 334-344, 392-396 (15 APWM 334, 392) the Māori Appellate Court heard an appeal in relation to s 30(1)(h) MAA. [28] In that case the Māori Appellate Court examined previous cases in which the appellant Jimmieson had been involved in. On two previous occasions the appellant sought and was granted orders that s...