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...Act 1993 IN THE MATTER OF Manawakore C1 and Manawakore D BETWEEN IAN MACDONALD Applicant AND MARAEA WYNYARD Respondent Hearing: 18 December 2015 13 May 2016 (Heard at Kaikohe) Judgment: 30 May 2016 RESERVED JUDGMENT OF JUDGE M P ARMSTRONG 131 Taitokerau MB 150 Introduction [1] On 18 December 2015, I granted an order per s 240 of Te Ture Whenua Māori Act...
...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. [34] More recently, the High Court has described a review by this Office in the following way:6 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee deter...
...10 February 2021, 2021 Māori Appellate Court MB 27-47 (Heard at Hamilton) Kooti: Court Judge C T Coxhead (Presiding) Judge S F Reeves Judge D H Stone Kanohi kitea: Appearances J Koning for Appellants Whakataunga: Judgment date 26 March 2021 TE WHAKATAUNGA Ā TE KOOTI Reserved Judgment of the Court Copies to: J Koning, Commerce Lane Chambers, P O Box 5, Te Puke 3153 2021 Māori Appellate Court MB 49 He...
...WAEREA Respondent Hearing: 135 Waiariki MB 272-278 dated 3 February 2016 143 Waiariki MB 20-33 dated 8 June 2016 152 Waiariki MB 126-136 dated 4 November 2016 157 Waiariki 149-160 dated 2 February 2017 (Heard at Rotorua) Judgment: 11 May 2017 RESERVED JUDGMENT OF JUDGE C T COXHEAD 162 Waiariki MB 118 Introduction [1] The Mere Royal Whānau Trust was created in 1996 on succession to Mere Royal, 1 who is the tupuna of the trust...
...asked to review a decision of this Office in which it had dismissed an application for review of a Standards Committee’s decision to prosecute a practitioner. Fogarty J held the following: 24 The purpose of a review by the LCRO is to form a judgment as to the appropriateness of the charges laid in the prosecutorial exercise of discretion by the Standards Committee. It is as simple as that ... I agree ... that “a review by the LCRO (should be) informal, inquisitorial and robust”...
...the Legal Complaints Review Officer (LCRO) on review is to reach his own view of the evidence before him. Where the review is of an exercise of discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgement for that of the Committee, without good reason. Nature and scope of review [26] 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 revie...
...WHĀNAU TRUST Second Respondents Hearing: 4 and 5 December 2017, 167 Taitokerau MB 88-216 (Heard at Whangārei) Appearances: Mrs James, for the Applicant Mr Williams for First Respondents Ms Terei for Second Respondents Judgment: 12 December 2018 JUDGMENT OF JUDGE M P ARMSTRONG Copies to: E A James, Brathwaite and Smail Ltd, P O Box 13243, Onehunga, Auckland 1643 erin.james@gmail.com T K Williams, Wackrow, Williams and Davies Ltd...
...instance she assessed the risks of her actions to 5 be low to negligible. When it was put to her that the rules themselves had already carried out that risk assessment, she readily accepted that she ought not to have substituted her own judgment for the clear provisions of the rules. [19] However, Ms Harper points to the fact that what appears to have been a very thorough scouring of her files (such that the complaints were made in four tranches over a period of almost two ye...
...AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 March 2022 Held at: Auckland/Tāmaki Makaurau Appearances: The appellant represented himself R Mould and J Coates for the Accident Compensation Corporation Judgment: 5 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Personal injury – ss 25-26, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 25 August 2020. The Reviewer dismisse...
...Ngā Kaitono Applicant Nohoanga: Hearing 25 January 2022 (94 Tākitimu MB 226-233) 1 April 2022 (95 Tākitimu MB 124-128) (Heard at Wellington via Zoom) Kanohi kitea: Appearances K Katipo for Applicant Whakataunga: Judgment date 29 July 2022 TE WHAKATAUNGA Ā KAIWHAKAWĀ D H STONE Judgment of Judge D H Stone Copies to: K Katipo, McCaw Lewis Lawyers, DX GP 20020 Hamilton 3204 kylee.katipo@mccawlewis.co....