Search Results

1. 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...

2. 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...

3. [2018] NZEmpC 74 Pitman v Advanced Personnel Services Ltd [pdf, 288 KB]

   ...of a successful litigant to have the benefits of the judgment being challenged and preserving the position in case that challenge succeeds. [18] The factors considered in Pais were:28 (a) if no stay is granted, whether the applicant’s right of appeal will be ineffectual; (b) whether the appeal is brought and prosecuted for good reasons, in good faith; (c) whether the successful party at first instance will be affected injuriously by a stay; (d) the effect on third parties;...

4. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 KB]

   ...scope of review [20] 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...

5. LCRO 68/2016 ZA v YB (23 May 2019) [pdf, 202 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:12 … 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. LCRO 167/2016 LQ v TM (13 May 2019) [pdf, 181 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 tha...

7. LCRO 109/2020 SV v FT (28 January 2021) [pdf, 198 KB]

   ...scope of review [32] 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...

8. Burns v Argon Construction Ltd [pdf, 42 KB]

   ...O’Sullivan with the WHRS report relate to work that had been done since the 1997 report. [50] The issue that I have to determine is not whether every single defect was identified in 1997 but when the cause of action arose. The Court of Appeal stated in Pullar that it is not and has never been the law that every defect needs to be identified in order to stop time running for the purposes of limitation. [51] Based on the evidence of Mr Alexander and Mr O’Sullivan I...

9. TQ v FW LCRO 214/2015 (27 September 2016) [pdf, 64 KB]

   ...Scope of Review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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...

10. ZA v YB LCRO 23/2014 (31 August 2016) [pdf, 65 KB]

    ...and Scope of Review [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: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...