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1. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … 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 tha...

2. Peita - Motatau 3H2[2019]Chief Judge's MB 337 (2019 CJ 337) [pdf, 362 KB]

   ...principles again in this judgment. 5 [2019] Chief Judge’s MB 1029-1043 (2019 CJ 1029-1043). 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209-225). 7 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 349 [37] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented or in the i...

3. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...[19] On 18 August 2016, a review hearing in respect of Aon’s decision not to extend cover to Ms Layton’s further lumbar injury was held by Fairway Resolution Ltd. On 29 4 August 2016, a decision was issued upholding the decline. Ms Layton appealed this decision (unsuccessfully) to the District Court. [20] On 30 August 2016, the OPC advised its final decision on Ms Layton’s complaint. This was that there had been an interference with Ms Layton’s privacy. The final deci...

4. Aperahama v Anderson - Sections 57 58 70 72 and 100 of Ratana Pa (2022) 447 Aotea MB 93 (447 AOT 93) [pdf, 262 KB]

   ...conclusion that there is a clear legislative purpose to limit the Court’s jurisdiction to assist resolving representation disputes to only situations where the membership of the class or group of Māori are exclusively Māori. (e) The Court of Appeal in McKenzie v Attorney General held that “grammatical meaning must yield to sufficiently obvious purpose.”8 The purpose of s 30 is to provide a mechanism for the resolution of disputes as to representation among Māori, and s...

5. Johnston v Accident Compensation Corporation (Work-related gradual-process injury) [2024] NZACC 54 [pdf, 261 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 054 ACR 199/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MARIA JOHNSTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 March 2024 Held at: Hamilton/Kirikiriroa Appearances: L Findlater for the Appellant M Gall for the Accident Compensation Corporation...

6. LCRO 84/2024 XA v MQ (25 February 2025) [pdf, 233 KB]

   ...proceeded on 13 February 2025 as scheduled, after the case manager called Mr XA.19 Nature and scope of review [64] The High Court has described a review by this Office in the following way:20 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. I...

7. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 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):2 … 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 tha...

8. Hill - Otakanini Māori Reservation (2015) 108 Taitokerau MB 76 (108 TTK 76) [pdf, 423 KB]

   ...108 Taitokerau MB 85 need to have the relevant ability, experience and knowledge to perform as trustees and that they need to be broadly acceptable to the beneficiaries of the Māori reservation. [33] In Clarke v Karaitiana the Court of Appeal examined the considerations relevant to the appointment of trustees as per s 222: 10 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the...

9. Wynn-Parke & Anor v CAC20008 & Ors [2015] NZREADT 8 [pdf, 232 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 8 READT 044/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN WARREN WILSON First appellant AND ROBERT WYNN-PARKE Second appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent AND DANIEL HEWES and TERENCE GOODFELLOW Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Ms N Dangen - Member Ms...

10. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

    BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Decision No. [2018] NZEnvC 27 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN KUMEU PROPERTY LIMITED (ENV-2017-AKL-44) Appellant AND AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prime Hearing: Auckland, 12-16 February 2018, site visit 21 February Appearances: RE Bartlett QC for Kumeu Property Limited (the Appl...