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1. BORA Maori Fisheries Bill [pdf, 114 KB]

   ...issue of discrimination appears to arise for the following reasons: (i) We do not consider that 'urban Maori' form an identifiable ethnic group for the purposes of the Human Rights Act. In King-Ansell v Police [3] the New Zealand Court of Appeal discussed the plain language meaning of 'ethnic origins'. Woodhouse and Richardson JJ considered that the test for ethnic origins should be a mixed subjective/objective test. Members of the group would have to have a subject...

2. LCRO 17/2014 SM v TR and DH [pdf, 146 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 t...

3. LCRO 202/2016 and 6/2017 JI v ZY [pdf, 153 KB]

   ...scope of review [24] 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...

4. Ngāti Taimanawaiti Māori Incorporation - Lot 2 DP 29547 (9 Old North Road, Orewa) (2016) 135 Taitokerau MB 20 (135 TTK 20) [pdf, 196 KB]

   ...the statement of claim did not comply with r 5.26(b), he had jurisdiction to reject the document even if the Registrar did not. As such Venning J did not decide the issue. [21] In Fuimaono v Housing New Zealand Limited, 5 Ellis J considered an appeal against a decision to refuse leave to bring a cross-appeal out of time. In that case, a notice of appeal was filed on 21 October 1997. The Registrar returned the notice stating that it was out of time. Ellis J found that the notice...

5. [2018] NZEnvC 140 Mawhinney v Auckland Council [pdf, 2.5 MB]

   ...is directly relevant is that in 2015 Mr Mawhinney applied for numerous declarations about SUB-570 and SUB-571 in this proceeding. Many were struck out in Orders A and F of the Environrnent Court's decision [2017] NZEnvC 145 (which has been appealed to the High Court). Mr Mawhinney's 17'h, 18'h and 19'h affidavits in these proceedings. 4 [7] However, there are three outstanding applications in this proceeding - 5, 6 and 50 - directly relevant to SUB-570 a...

6. Diamondaras v Rice - Rangiuru Part No 2A Bock (2016) 148 Waiariki MB 253 (148 WAR 253) [pdf, 223 KB]

   ...rehearing, the court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the court. (7) [Repealed] [19] I am guided by the general principles concerning rehearing applications as s...

7. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

   ...as if the child were of full age.3 We have also taken into account the common law principle, as set out in 2 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v Oak...

8. LCRO 137/2015 RR v BN, SF, WE, IM and PL (3 August 2018) [pdf, 112 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: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. [2021] NZREADT 20 - Sheldon (5 May 2021) [pdf, 233 KB]

   ...Sheldon ought to have taken more care in reporting to clients, and his conduct fall short of that required of a competent licensee. [14] Ms Lim referred to the penalty imposed in Mabruk v Real Estate Agents Authority (CAC 409),5 where the licensee appealed against the fine imposed by a Complaints Assessment Committee following a finding of unsatisfactory conduct. The Tribunal quashed the Committee’s order that Mr Mabruk pay a fine of $1,000, leaving only an order for censure. Ms...

10. LCRO 113/2013 AB v EF (3 August 2017) [pdf, 145 KB]

    ...ultimately accepted, only to be advised the offer had been withdrawn. [7] The matter proceeded to a hearing. The Court upheld the termination and rejected all causes of action pleaded by Mr EF. [8] Mr AB then instructed different counsel to appeal the District Court judgment which was also unsuccessful. Mr AB’s complaints and the Standards Committee decision [9] Mr AB filed a complaint with the New Zealand Lawyers Complaints Service (the Complaints Service) in June 2012....