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1. Lux v Raukawa - Opape No 3A1E (2017) 171 Waiariki MB 8 (171 WAR 8) [pdf, 349 KB]

   ...applicant filed several letters from owners of Ngapuna 1F who now wanted to exclude their land from the reservation. At the hearing, the Court noted that it did not want to delve into the original application, as it was not a matter of looking to appeal the orders but that the Court was being asked to make a recommendation for cancellation on the basis of what was put forward. The Court found that, given the agreement of the reservation trustees to the part cancellation, and that...

2. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...scope of review [35] 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 tha...

3. Stewart v Stewart - Kaiwaitau 6 and Other Blocks (2020) 236 Waiariki MB 37 (236 WAR 37) [pdf, 193 KB]

   ...pathway and take a more analytical approach if it considers that is necessary.6 A review of trust will, therefore, often require consideration of a trust’s performance and the competence of the trustees.7 [36] In Rameka v Hall, the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying out the terms of the trust, proper 5 Proprietors of Mangakino Townsh...

4. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...scope of review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … 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...

5. Williams v Tuhoe Putaiao Trust - Te Tawa Kaiti Lands Trust (2012) 50 Waiariki MB 247 (50 WAR 247) [pdf, 1.2 MB]

   ...I agree. I should add that I do not consider that Judge Coxhead adopted the narrower Halsbury’s definition. Paragraph [51] of his decision indicates otherwise. Case law in New Zealand [41] In Piripi Te Maari v Matthews, 15 the Court of Appeal was concerned with an outlet channel from Lake Wairarapa which was closed periodically and for long 14 Halsbury’s Laws of England (5 th ed, reissue, 2007 online ed), vol 1(...

6. Complaints Assessment Comittee 404 v Hawkins [2017] NZREADT 16 [pdf, 214 KB]

   ...we have felt obliged to take into account is Mr Hawkins’ failure to advise the Tribunal that a finding of unsatisfactory conduct was made against him by a Complaints Assessment Committee on 4 May 2015. Mr Hawkins’ response was that he was appealing against that decision, but that does not give grounds for his assertion that neither the complaint nor the finding had been made. The subdivision [7] Mr Hawkins is a licensed salesperson. In June 2012 he began working with Tremain...

7. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

   ...visibility of the protrusion detracts from the classical look of the house. BD commented that the use of the area around the house as flower beds is a feature of houses built in this period. ND referred to the slab detracting from the character and appeal of the 12 house, and referred to the difficulties that the slab causes for gardening. She comments that they used to have gardens all around the house. [31] In cross-examination Ms Paterson asked the applicants whether the...

8. Tsai Mao TRI 2016-100-00010 [2018] NZWHT AUCKLAND 01 [pdf, 491 KB]

   ...case in line with Hamlin41 rather than the validity of an insurance claim (Newlands)42 negligence of solicitors (James)43 or misstatements in a registered prospectus (Murray).44 Mr Davie pointed me to Baragwanath J’s finding in the Court of Appeal 40 Analogous to Thom v Davys Burton [2008] NZSC 65, [2009] 1 NZLR 437 at [25]–[26]. 41 Hamlin above n 38. 42 Newlands v Sovereign Insurance Company Ltd [2014] NZHC 803 at [36]�...

9. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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...

10. LCRO 220/2016 UT v LE (18 December 2018) [pdf, 290 KB]

    ...scope of review [38] 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...