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...4 Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C Block [2014] Maori Appellate Court MB 249 (2014 APPEAL 249); Adlam v Savage - Lot 39A Sec 2A Parish of Matata and Lot 39A Sec 2B No 2B No 2A Parish of Matata [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) 5 See Haira v Haira – Kapenga A7(2016) 149 Waiariki MB 259 (149 WAR 259) 6
...scope of review [47] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … 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...
...scope of review [28] 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...
...scope of review [58] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:21 … 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. 21 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 12...
...not met. [48] It is not appropriate to read this extended meaning into s 82. Indeed, it would be inconsistent with the scheme of this part of the Act to do so. In reaching this conclusion, I am guided very much by the decision of the Court of Appeal in Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc (No 2) 10 . In that case, the Chief Judge held that there is no lockout in terms of s 82 unless the demand made by the employer is lawful, that is one...
...and 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: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...
...scope of review [45] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:8 … 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...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 152 ACR 300/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN MICHELLE GRAY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Sara for the Appellant Ms J Maslin-Caradus for the First Respondent (via AV...
...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...
...consideration; or (d) was plainly wrong. [18] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [19] We accept the Registrar’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any...