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1. LCRO 27/2021 BK v RQ (27 August 2021) [pdf, 223 KB]

   ...on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [36] More recently, the High Court has described a review by this Office in the following way:2 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...

2. DeMarco v Accident Compensation Corporation (Independence Allowance) [2024] NZACC 189 (25 November 2024) [pdf, 339 KB]

   ...CORPORATION Respondent Hearing: 29 April 2024 Heard at: Hastings/ Heretaunga Appearances: The appellant in person M Boyle and S Kinsler for the respondent Evidence and supplementary submissions completed: 6 September 2024 Judgment: 25 November 2024 ___________________________________________________________________________ RESERVED JUDGMENT OF JUDGE D L HENARE [ Independence Allowance, Part 4, Schedule 1 Accident Compensation Act 2001] ____________...

3. Huata v Robin - Rotopounamu 1B1A (2017) 60 Takitimu MB 7 (60 TKT 7) [pdf, 339 KB]

   ...45-92 dated 2 August 2016 54 Tākitimu MB 55-101 dated 14 October 2016 (Heard at Hastings) Appearances: C Bidois for the Trustees C Bennett for the Respondents Judgment: 7 July 2017 JUDGMENT OF JUDGE L R HARVEY Copies to: C Bidois: East Brewster Solicitors, 1137 Pukuatua Street, Rotorua DX JP 30017 C Bennett: Langley Twigg Lawyers, 66 West Quay, Ahuriri Napier 4140 DX MP 70034...

4. 2021-03-23 Transcript up to end of day 9 [pdf, 4.5 MB]

   ...OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) to the Hawke’s Bay Regional Resource Management Plan, but prior to the Environment Court hearing the appeal on 3 and 4 December 2014): [16] Since the Supreme Court judgement in EDS v NZ King Salmon Co Ltd [2014] NZRMA 195 there has been an increased awareness of the need to consider the hierarchy of planning documents, and the degree of control those 5 documents have over the required or permissible cont...

5. BORA Immigration Bill [pdf, 480 KB]

   Immigration Bill 20 July 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: IMMIGRATION BILL 1. On 12 June 2007 we provided you with preliminary advice as to whether the Immigration Bill (PCO 7520/13) is consistent with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act"). We have now had an opportunity to view version 20 (PCO 7520/20) of the Bill. We understand that the Bill was considered by the Cabinet Legislati

6. [2019] NZEnvC 205 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 15 MB]

   ...of these landscapes. [16] While a natural feature is typically distinct and clearly legible in biophysical terms, the geographic extent of a landscape is typically more subtle and , hence, less readily able to be defined by mapping.11 Informed judgment is called for. The boundaries of individual landscapes are not shown on the DV's planning maps or elsewhere. Rather, the planning maps show a more general ONL notation over large parts of the Rural zone planning maps. Nor does...

7. [2017] NZEmpC 159 Stormont v Peddle Thorp Aitken Ltd [pdf, 328 KB]

   ...Hearing: By memoranda of submissions filed on 1 and 8 August 2017 and further submissions filed on 30 and 31 October 2017 Representation: CW Stewart and C Pallant-Drake, counsel for plaintiff A Sharp, counsel for defendant Judgment: 14 December 2017 COSTS JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS Introduction [1] In my substantive judgment dated 6 June 2017,1 I upheld Ms Stormont’s challenge to a determination of the Employment Relations Authori...

8. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   ...and that there possibly could be more in the future.1 The Dawsons purchased the property without seeking any expert advice or requiring a LIM, and apart from representation from the seller‟s agent, Barney Cornaga, relied solely upon their own judgment. [2] The home was the configuration, size and locality that the Dawsons wanted for their next family home. All of this induced them to make an unconditional offer to buy at the maximum stretch of their finances. The offer they...

9. Tuson - Mangamuka West 3B2A (2018) 168 Taitokerau MB 17 (168 TTK 17) [pdf, 2.1 MB]

   ...Section 326B, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Mangamuka West 3B2A Block BETWEEN NGAWAI TUSON Applicant Hearing: 20 November 2013 17 November 2014 4 May 2015 (Heard at Kaitaia) Judgment: 23 February 2018 PRELIMINARY DECISION OF DEPUTY CHIEF JUDGE FOX 168 Taitokerau MB 18 Introduction [1] This decision concerns an application by Ngawai Tuson for an order pu...

10. UK v VL LCRO 142/2013 (2 September 2016) [pdf, 257 KB]

    ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [22] More recently, the High Court has described review by this Office in the following way:7 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determinati...