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1. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...DLR (4th) 702, 735 (SCC); British Columbia Securities Commission v Branch (1995) DLR (48) 462 (SCC) and R v Jarvis (2002) 3SCR 757 (SCC). 4 Supra. That the privacy interests of business records is limited was acknowledged by the Court of Appeal in TranzRail v Wellington District Court [2002] 3 NZLR 780 5 See R v Jarvis (2002) 3SCR 757 (SCC) where the Supreme Court of Canada held that once officials were not engaged in verifying tax liability but rather the determinat...

2. Matchitt v Butler - Matangareka 3B (2017) 177 Waiariki MB 170 (177 WAR 170) [pdf, 313 KB]

   ...Procedural history [7] The final hearing was held on 8 February 2017, following which I adjourned the application for a decision to be issued.6 [8] On 24 February, counsel for the trustees, Mr Bidois, filed an application seeking leave to appeal the preliminary decision, and on 8 March, an application for leave to appeal 1 Matchitt v Butler – Matangareka 3B Block (2016) 154 Waiāriki MB 261 (154 WAR 261). 2 58 Opotiki MB 360 (58...

3. SM v NH LCRO 211/2015 (20 July 2016) [pdf, 65 KB]

   ...Review by the LCRO [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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 fo...

4. [2016] NZEmpC 117 NZMWU Inc v AFFCO NZ Ltd [pdf, 160 KB]

   ...The cases [16] The leading authority as to the application of s 11 to unlawful lockouts is Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc. 9 With regard to a lockout which is held not to be lawful, the Court of Appeal stated in its judgment: 10 … We thus agree with the SFWU’s submission that whether the wages are payable in terms of the WPA will depend on the employment agreement. We also agree that, if wages were payable in terms of thos...

5. [2018] NZEmpC 90 Industrial Equipment Distributors Lifting Centre Ltd v Scouller [pdf, 321 KB]

   ...referred to in any other relevant document and is itself relevant. ... [15] The role of pleadings in assessing relevance is obviously important. The leading authority on this topic is Airways Corporation of New Zealand Ltd v Postles, a Court of Appeal decision which considered the former reg 48 of the Employment Court Regulations 1991.1 For the purposes of that regulation, the Court of Appeal said:2 With respect we consider the Judge erred in law in drawing for present purpos...

6. Matchitt - Te Kaha 65 (2021) 251 Waiariki MB 154 (251 WAR 154) [pdf, 237 KB]

   ...Ture Whenua Māori Act 1993 to grant new occupation orders, vesting a 1.7300 hectare site on Te Kaha 65 in Paratene Matchitt, Mana Matchitt and Elaine Hutchinson for their exclusive use and occupation. [8] On 1 April 2015, Edward Matchitt filed an appeal against the 2014 judgment. The Māori Appellate Court issued a judgment on 23 November 2015.10 The Court considered that evoking s 37(3) to make new occupation orders without prior notice to parties that this step was intended was i...

7. LCRO 260/2013 CS v RV (18 July 2017) [pdf, 190 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...

8. MF v PM and SL LCRO 351/2013 [pdf, 223 KB]

   ...Scope of Review [22] 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...

9. Elvin - Lot 154D2B2B1 Parish of Te Puna (2007) 90 Tauranga MB 53 (90 T 53) [pdf, 2.5 MB]

   ...Maori Land Court may ill exercise of its powers and respollsibililies reJlIse 10 cOllflrmlhe aliellalioll or 10 change Ihe statlls oJlhe lalld. " [15] Further refinements of this fundamental principle can be discerned from the High and Court of Appeal judgments, Edwards v Maori Lalld COllrl and Brllce v Edwards [2003] 1 NZLR 515. Ronald Young J considered the decision in Loma Cleave too resh'ictive given his view that the rights of the owners should not be entirely ignored. Th...

10. LCRO 235/2014 SV v BG and HD (18 July 2017) [pdf, 154 KB]

    ...scope of review [22] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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...