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1. AQ v ZF LCRO 243/2012 (26 March 2014) [pdf, 138 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to 4 the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review. Role of the LCRO [18] The Act contemplates the Review Officer...

2. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...the grievance to the attention of the employer, the obligation on an employer in receipt of such a grievance is to act in the way a fair and reasonable employer would do in all the circumstances. Judge Shaw, in a passage approved by the Court of Appeal in Waikato District Health Board v Clear, 2 put it this way: 3 2 [2010] NZCA 305 at [58]. 3 [2008] ERNZ 646 at [14]. The Court‟s role is to objectively review the circumstan...

3. MSC v Scholes [2013] NZIACDT 71 (25 November 2013) [pdf, 167 KB]

   ...complaint, and then whether to take no further action or impose specific sanctions. Only the first step is complete prior to this present decision being issued. [26] This view is further supported by sections 81(1) of the Act, which set out the rights of appeal from a decision of the Tribunal. The relevant paragraphs are set out as follows: A person may appeal to a District Court against any of the following decisions: ... (c) A decision of the Tribunal to cancel or suspend the pers...

4. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

   ...of Police, 15 the Court accepted that there was a continuing cause of action in respect of actions taken by the employer against the plaintiff. This included actions which were four years apart. The Court commented, relying on the Court of Appeal decision in Minister of Education v Bailey, 16 that: “it 10 CC 23/07, 19 November 2007. 11 At [6]. 12 [2002] 1 ERNZ 720. 13 At [33]. 14 At [32]. 15 [2003] 1 ER...

5. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...scope of review [19] 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...

6. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...this Court has jurisdiction over trusts that hold General land owned by Māori per s 236(1)(c) of the Act.3 3 Moke v Trustees of Ngāti Tarāwhai Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265). 419 Aotea MB 118 [16] Because the Court has jurisdiction over the Trust per s 236(1)(c), s 237(1) applies. It provides: 237 Jurisdiction of court generally (1) Subject to the express provisions of this Part, in resp...

7. LCRO 143/2017 AC v BT (19 February 2019) [pdf, 211 KB]

   ...scope of review [51] 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...

8. LCRO 382/2013 SC v JT (30 June 2017) [pdf, 193 KB]

   ...scope of review [21] 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...

9. Tsirakoff v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 148 [pdf, 331 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 148 ACR 188/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN DIANE TSIRAKOFF Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 13 July 2023 Heard at: Auckland/Tāmaki Makaurau Minute: 8 August 2023 Appearances: P Schmidt for the Appellant F Becroft for the Res...

10. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

    ...contact may in the circumstances amount to confidential information that should not be disclosed or used against the client. [68] A discussion of this issue would not be complete without a consideration of the case of Black v Taylor,34 which was an appeal from the judgment of McGechan J in the High Court. In the Court of Appeal part of McGechan J reasons were adopted by Cooke P: Last, the lawyer (and particularly the family solicitor) gets to know personalities. He gets to know s...