Search Results

1. LCRO 75/2018 HD v SH (19 February 2019) [pdf, 119 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...

2. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...adjourn his proceedings sine die (indefinitely). In support of the application, Mr Handy relied on the following: [15.1] In July 2017, the decision of the ERA concerning Mr Handy’s claim against NZFSC was released. Preparation is underway for an appeal against that decision and the December 2014 decision (referred to at [9.2] above). If the appeal is successful, the claims before the Tribunal would almost certainly be abandoned. [15.2] In addition to the proceedings before the T...

3. Committee of Management of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 (2018) 164 Waikato Maniapoto MB 69 (164 WMN 69) [pdf, 305 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 (7) [Repealed] Legal Principles [15] The relevant legal authorities are: (a) Henare v Māori Tr...

4. LCRO 91/2020 LS v DV (29 July 2020) [pdf, 178 KB]

   ...scope of review [31] 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. GZ v QP LCRO 226/2015 (2 September 2016) [pdf, 53 KB]

   ...Review 7 [35] 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 tha...

6. Alloa v Ullapool LCRO 159/09 (22 June 2010) [pdf, 162 KB]

   ...favour of R, but the overall effect was that the Applicant was still able to build the deck, with some modifications. R appealed to the High Court, and the Applicant and the local council 2 cross-appealed. The High Court dismissed both appeals. The end result was that the Applicant could proceed to build his deck. [3] The Practitioner’s involvement arose in relation to a dispute between R and the vendor of the property he had purchased and the real estate agent. R ha...

7. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...will determine whether whāngai children have a relationship of descent in order to succeed; 4.2 limiting the life interest of a surviving spouse or partner to allow descendants to exercise voting rights earlier; and 4.3 limiting the rights of appeal in certain circumstances. BILL OF RIGHTS ASSESSMENT Whāngai – descent relationship on the basis of tikanga 5. The Act defines whāngai as “person adopted in accordance with tikanga Māori”.2 The Act provides that the Māori...

8. LCRO 47/2016 FD v QB (16 October 2018) [pdf, 164 KB]

   ...scope of review [10] 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. Rudolph - Paihia 2F2B2 [2019] Chief Judge's MB 327 (2019 CJ 327) [pdf, 313 KB]

   ...3 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]; and Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2019 Chief Judge’s MB 335 Issues [11] The issues to determine in this case are: (a) Was the order made on 21 November 1984, vesting 28 shares in Paihia 1F2B2 in Kathleen Vivienne Rudolph, erroneous in fact or

10. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

    ...scope of review [13] 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...