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1. Bhana v Paniora - Wairau North 1B2C (2013) 69 Taitokerau 139 (69 TTK 139) [pdf, 155 KB]

   ...145D3B2B110 decisions were concerned more with the sufficiency of interests of the landowner rather than the sufficiency of support. The Rudolph v Reti – Otetao B3A211 decision did address sufficiency of support in the particular context of that appeal but did not discuss the principles to any degree. [40] The Māori Appellate Court has considered the equivalent test of sufficiency of support that applies to applications for partition, amalgamation or aggregation orders in s 288(...

2. [2021] NZEmpC 137 Coetzee v Oamaru Meats Ltd [pdf, 280 KB]

   ...the nature and extent of the duty of good faith, were obiter. I do not consider that Evans supports the proposition that there was any duty on Mr Thorp to explain the agreement. [37] McHale also needs to be seen in context. That case was an appeal from an Employment Tribunal decision to strike out the proceeding without a full hearing. The 12 Evans v Building Connexions Ltd (t/a ITM) [2012] NZERA Christchurch 2. 13 At [37] 14 McHale v The Open Polytechnic of New Zealand [1...

3. Pacey v Adlam - Matata Parish 39A 2B 2B 2A (2017) 178 Waiariki MB 32 (178 WAR 32) [pdf, 365 KB]

   ...two trusts and demonstrates the disruptions that have been caused by the prolonged litigation instigated due to the breach of fiduciary duties on the part of Rae Beverly Adlam. The current trustees of the Bath Trust have a judgment of the Court of Appeal revealing a total judgment against Rae Beverly Adlam in the sum of $12,780,111.75. With interest the debt now exceeds $17 million. [3] On 9 September 2016, I issued a judgment dismissing applications in relation to requests for th...

4. LCRO 58/2015 YA v MK (29 June 2018) [pdf, 158 KB]

   ...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:7 … 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...

5. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...scope of review [48] 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. LCRO 124/2017 RG v XP (4 December 2018) [pdf, 250 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: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 that...

7. LCRO 117/2022 VN v SC (16 May 2024) [pdf, 216 KB]

   ...scope of review [57] 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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 The Review Officer has broad powers to cond...

8. Stirling - Opape No 1A No 1B [2020] Chief Judge's MB 526 (2020 CJ 526) [pdf, 323 KB]

   ...[25] The issues to determine in this case are: 2 [2020] Chief Judge’s MB 266-285 (2020 CJ 266-285) 3 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 538 (a) Whether the Court made a mistake or whether there was an omission in the presentation of facts presented to the Court; and (b) If so, is it necessary in the interests of justice to remed...

9. [2015] NZEmpC 190 Brown v Adams t/a Untouchable Hair & Skin [pdf, 144 KB]

   ...must be an end to litigation. 10 [24] In Yong t/a Yong & Co Chartered Accountants v Chin, Judge Couch dismissed the four processes by which the substance and effect of a judgment can be changed after it has been given in the process of appeal, judicial review, recall and rehearing. 11 As to the last, he made the following observation with which I respectfully agree: 12 [23] … This is a step which no court will take lightly as it involves setting aside a judgment...

10. [2011] NZEmpC 161 Rush Security Services Limited v Coverdale [pdf, 147 KB]

    ...room. [32] In terms of the legal position, Ms Rush submitted that the decisions the plaintiff made were made honestly and that any adverse effect on employment was not foreseen. Ms Rush relied upon and cited various passages from the Court of Appeal’s judgment in Auckland City Council v New Zealand Public Service Association Inc. 11 In reliance on a statement made at [25] of the Auckland City Council judgment, Ms Rush submitted: The Plaintiff cannot be reasonably required...