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1. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...breach of the ss 22 and 26 rights, or to permissible civil committal. 19. The leading New Zealand decision on the distinction between penal and civil measures is Belcer v Chief Executive of the Department of Corrections, in which the Court of Appeal examined the consistency of extended supervision orders under the Parole Act 2002 with s 26(2) of the Bill of Rights Act.[18] 20. The Court usefully framed the issue as follows:[19] “It is not uncommon for legislation to provide f...

2. LCRO 134/2019 NM v LL (23 October 2020) [pdf, 207 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

3. LCRO 189/2016 EM v FN and GP (19 May 2017) [pdf, 158 KB]

   ...scope of review [41] 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...

4. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...process of review under the Act:1 1 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 f...

5. LCRO 202/2018 HB v MD (26 June 2020) [pdf, 172 KB]

   ...scope of review [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: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...

6. LCRO 103/2020 ZA - Application for review of a prosecutorial decision (24 August 2020) [pdf, 212 KB]

   ...scope of review [36] 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...

7. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...order to pierce the veil, both control by the wrongdoer and impropriety must be demonstrated. (f) A company may be a façade even though originally incorporated without deceptive intent. [22] The first instance decision was reversed at the Court of Appeal, but that decision was itself overturned by the Supreme Court. While not directly addressing the list of principles expressed by the High Court Judge (Moylan J) at first instance, the Supreme Court elucidated their meaning and app...

8. LCRO 66/2015 OB v FL (2 October 2018) [pdf, 191 KB]

   ...scope of review [50] 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...

9. LCRO 173/2018 YN v LT (7 March 2019) [pdf, 186 KB]

   ...scope of review [25] 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 tha...

10. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

    ...is referred to in any other relevant document and is itself relevant. [17] 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 1991.6 [18] For the purposes of that regulation, the Court of Appeal said: [5] With respect we consider the judge erred in law in drawing for present p...