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1. Gray - Mohaka A4 Trust (2014) 36 Takitimu MB 254 (36 TKT 254) [pdf, 176 KB]

   ...Trust (2014) 32 Täkitimu MB 63 (32 TKT 63), Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Täkitimu MB 174 (32 TKT 174) 2 See for example, Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 (2010) 2010 Mäori Appellate Court MB 425 (2010 APPEAL 425); Phillips v Trustees of Mohaka A4 – Mohaka A4 (2008) 195 Napier 137 (195 NA 137); Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/p...

2. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...Court’s principal liaison officer, so fractured have relations become between the factions. Unsurprisingly, those meetings of trustees as facilitated by Mr Hau have resulted in progress to some extent. [9] In the context of elections, the Court of Appeal has made it perfectly plain that meeting procedures must be designed as to ensure the widest possible beneficiary participation. While in former times Māori communities lived in and around their lands and resources, the last ce...

3. Smith – Nikora Whānau Trust (2013) 2013 Chief Judge’s MB 302 (2013 CJ 302) [pdf, 109 KB]

   ...the opinion of the Chief Judge, is necessary in the interests of justice to remedy the mistake or omission. [21] As outlined in Amos – Horahora 1A4B, 1A4E & 1A4F, Te Ture Whenua Māori Act 1993 contains provisions for review, rehearing and appeal that should be employed before recourse to s 45 applications to the Chief Judge. Applications under s 45 are the exception, rather than the rule.1 [22] The onus of proof is on the applicant to prove the existence of the alleged mista...

4. Canterbury Westland Standards Committee v Eichelbaum [2015] NZLCDT 8 [pdf, 55 KB]

   ...immediately upon receiving the Tribunal’s decision. This response was to seek to recall it, stating that he disagreed with it and that it was inaccurate in parts. While Mr Eichelbaum is of course entitled to exercise his rights in relation to appeal without this being regarded as an aggravating feature, we do see this as demonstrating a lack of insight into his behaviour and thereby reducing the strength of some of the references which referred to this insight. In other words i...

5. LCRO 007/2017 NT YR v HV [pdf, 89 KB]

   ...scope of review [19] 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...

6. BORA Land Transport (Road Safety and Other Matters) Amendment Bill [pdf, 361 KB]

   ...with road safety while police investigations take place o the seizure is limited to 28 days and can only be extended by the District Court o the seizure ends if charges are not brought or the driver is acquitted of the offence o the driver can appeal the impoundment, first to the Police (s 102) and then to the District Court (s 110). CONSISTENCY OF THE BILL WITH SECTION 26(2) OF THE BILL OF RIGHTS ACT • Section 26(2) of the Bill of Rights Act provides that no one who has been fin...

7. LCRO 226/2016 TS v KN [pdf, 113 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (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...

8. LCRO 131/2017 GR v [Area] Standards Committee [pdf, 168 KB]

   ...Review [26] The nature and scope of a review under the Act have been discussed by the High Court, which said of the process of review under the Act:1 [T]he 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...

9. [2018] NZEnvC 005 Vipassana Foundation Charitable Trust Board v O'Brien, Pichler, Auckland Shooting Club Inc [pdf, 362 KB]

   ...decision of its hearing 4 commissioners dated 21 November 2017; b) The Applicants intended to challenge that reinstatement decision by an application for judicial review to be filed prior to 22 December 2017; c) A notice of hearing and case on appeal in relation to the appeal against the High Court's earlier decisions1 were to be filed in the Court of Appeal by 21 December 2017; d) The evidence of Mr Rafaelli showed that the earthworks at 297 Tuhirangi Rd were inconsist...

10. Provider manual: 1a limited approvals operational policy [pdf, 174 KB]

    ...Orders) Act 2014 resulting from or related to a criminal case they have acted on; or o judicial review proceedings related to a criminal case they have acted on. 6 • where the applicant has an existing approval and requires a Court of Appeal and Supreme Court lead provider approval for attendance for an appeal against a pre-trial ruling to be heard in the Court of Appeal; • where the applicant has been assigned to represent a client in a criminal matter and the provider...