Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 347 (2022 APPEAL 347) [pdf, 313 KB]
...Judge has proceeded as an appeal against the exercise of discretion. Counsel for the appellant submitted 13 National Standards Committee (No 1) v Deliu [2012] NZHC 3378, at [28]. 2022 Māori Appellate Court MB 355 that, in light of the relatively recent Court of Appeal decision of Inia v Julian, the approach ought to differ. The Court of Appeal has confirmed that applications to the Chief Judge involve both an evaluative decision and a discretionary decision:14 We accep...