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1. Leef v Leef - Panguru A47B (2015) 113 Taitokerau MB 11 (113 TTK 11) [pdf, 250 KB]

   ...the grantee. Ultimately, that involves an exercise of discretion on the part of the Court. As for the 6 Howell v Jaram – Omaio 43 Section 4 Block [2015] Māori Appellate Court MB 365 (2015 APPEAL 365). 7 Ibid at [37]. 113 Taitokerau MB 21 granting of a replacement occupation order (in favour of Robert), clearly the Court must be guided by ss 328 and 329 of the Act. [40] I set out ss 328 to 330 of the Act below:...

2. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...to the effect that summary dismissal should be reserved for the most serious kinds of misconduct which go to the root of the employment contract so as to destroy it all together or to render it impossible of continuation. The Court of Appeal in Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483 at 487, when referring to conduct that deeply impairs or is destructive of the basic confidence or trust that is an essential of the employment relationship, we...

3. ZA v YB LCRO 164/2013 (31 August 2016) [pdf, 93 KB]

   ...and Scope of Review [36] 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...

4. Anderson v Anderson – Estate of Barlow Nathaniel Hahona Anderson (2018) 185 Waiariki MB 287 (185 WAR 287) [pdf, 332 KB]

   ...with the same powers and authorities that the High Court has in respect of trusts generally, under the Trustee Act 1956 and the common law by virtue of the Court’s inherent jurisdiction. This jurisdiction is not exclusive. 9. The Court of Appeal has described the Māori Land Court’s powers with respect to trusts as “the most extensive supervisory powers”. This is in keeping with the 4 Māori Trustee v Smith – Waipaoa 5...

5. National Standards Committee 1 v Gardner-Hopkins [2022] NZLCDT 2 (13 January 2022) [pdf, 211 KB]

   ...of contexts in which professional misconduct comes to be examined, it is very difficult to find cases which specifically mirror each other. The two other cases of sexual misconduct which have been considered by this Tribunal (and in one case on appeal by a Full Bench of the High Court) are Daniels14 and Horsley.15 Each of those cases resulted in a three-year suspension of the practitioner. [55] Mr La Hood submitted that the present case was more serious than each of them, so th...

6. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...scope of review [61] 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 tha...

7. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 KB]

   ...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: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...

8. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...scope of review [52] 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 that...

9. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...those pathways to provide for appropriate outcomes, to consider how 2101895 | 5860754v1 page 10 effects will be considered, and against what baseline effects will be assessed. 32 This is a live issue that is currently the subject of an appeal to the High Court by Fish and Game, against the Environment Court's decision on Plan Change 5A9 which set minimum flows and allocation limits for the Lindis catchment, in Otago. 33 Fish and Game are appealing on the basis th...

10. LCRO 224/2018 (31 October 2019) [pdf, 194 KB]

    ...scope of review [39] 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...