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1. Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiariki MB 261 (154 WAR 261) [pdf, 226 KB]

   ...neighbouring Orete 2 block. 154 Waiāriki MB 268 The Law [32] It is settled law that a trustee cannot allow any conflict between personal interests and their fiduciary duties to beneficiaries. 6 In Naera v Fenwick, the Court of Appeal found that even a potential conflict of interest can render a transaction improper, and in such circumstances a trustee cannot participate in decision making without the informed consent of all the beneficiaries or of the Court. 7 If...

2. Wilson - The Heke and Miriama Hirini Whānau Trust (2016) 56 Tairawhiti MB 239 (56 TRW 239) [pdf, 205 KB]

   ...trust so that he could gift those interests to his children. He also believed that a return of the shares would enable him to administer those interests more effectively and argued that the trustees had failed to attend to their duties. 45 On appeal, the Māori Appellate Court identified three factors that should be taken into account when terminating a trust pursuant to s 241: 46 (a) A change of mind is usually insufficient as a ground of termination unless there is an absence...

3. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...scope of review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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...

4. LCRO 89/2017 FZ v LS [pdf, 229 KB]

   ...Scope of Review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

5. LCRO 240/2017 O & B HN v JJ Lawyers (22 June 2018) [pdf, 237 KB]

   ...scope of review [29] 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 that...

6. LCRO 215/2016 KP v VN (31 July 2018) [pdf, 182 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: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 that...

7. Online manual HCC Policy and procedures v3.2 [pdf, 359 KB]

   ...principle target of a Police Operation) 2.6. criminal compensation matters relating to wrongful imprisonment/ applications to the Governor General to exercise the Prerogative of Mercy – s406 Crimes Act 1961 2.7. retrial matters and/or appeal matters where the original grant of aid was managed under the HCC framework. 3. Grants may be placed under HCC if the following characteristics are present: 3.1. the lead provider indicates that individual overall case cost is likely...

8. LCRO 184/2015 WD v YR (6 July 2017) [pdf, 171 KB]

   ...14 YR email to LCRO (8 December 2016). 15 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 6 … 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. LCRO 76/2018 HS v WA (19 February 2019) [pdf, 175 KB]

   ...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

10. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

    ...that he was her whāngai for the purpose of succession under the Act. Is Mr Kennedy related by blood to Ms Fleet and a member of the hapū associated with the land? [29] The application of s 108(2)(c) of the Act was considered by the Court of Appeal in Kameta v Nicholas.8 The Court of Appeal found: [31] The Māori Appellate Court, correctly in our judgment, adopted a conjunctive approach to the construction of s 108(2)(c) in finding that a blood relationship will be established...