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1. LCRO 3/2019 YR v OS (20 July 2020) [pdf, 207 KB]

   ...in relation to Mr. OS’s alleged failure to comply with Rule 6.1 in relation to the writing of wills in 2006. This appears at paragraphs 34 – 39 of the Notice of Determination. [39] However, the scope of this review “is much broader than an appeal”17 and consequently I am not restricted to considering only the issues raised by Mr YR. The High Court has described a review by this Office in the following way:18 A review by the LCRO is neither a judicial review nor an appeal....

2. Proactive release – Sexual Violence Legislation Bill: approval for introduction [pdf, 1 MB]

   ...complainant is required to give even more evidence afterward; and 14.5. judges’ decisions about whether pre-recorded cross-examination is to be used, and whether any further cross-examination may occur after the recording has been made, can be appealed before the trial with the appeal court’s leave. This will help ensure consistency and bolster confidence in the new processes, especially in the early stages of implementation. Requiring evidence to be recorded 15. The Bill requir...

3. ZA v GL LCRO 258/2012 (31 March 2016) [pdf, 67 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [21] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

4. Higgins - Succession to Hauriri Kere [2021] Chief Judge's MB 88 (2021 CJ MB 88) [pdf, 289 KB]

   ...(2020 CJ 1268-1293) 2 Ashwell - Rawinia or Lavinia Ashwell (nee Russell) [2009] Chief Judge’s MB 209 (2009 CJ 209) at [15] 3 Tau v Nga Whanau O Morven & Glenavy - Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at [61] 2021 Chief Judge’s MB 97 [11] The Chief Judge’s jurisdiction was described by the Court of Appeal in Inia v Julian (2020) as follows:4 … the powers vested in the Chief Judge under s 44(1) of the Act fall i...

5. DT-guide-to-completing-the-application-form-Tongan.pdf [pdf, 213 KB]

   ...tokotaha poupou ʻa ia naʻe teʻeki ai hoko ko ha loea kimuʻa ange. ʻOku hiki ʻa e ngaahi fakatonutonú ʻe he Tribunal, ka neongo iá, ʻoku ʻikai ʻatā ke tukuange atu ʻeni ia ki he ngaahi tafaʻakí tukukehe kapau ʻoku fakahū ha Tangi (Appeal) pea kuo tali ʻe ha Fakamaau ʻa e Fakamaauʻanga Fakavahé (District Court Judge) hano tukuange atu ʻo ha tatau hiki tohi (transcript). Ko e tuʻutuʻuni ʻa e Tribunal Hili ʻa e lava ʻa e fakatonutonú, ʻe ʻikai ʻoatu ha tu...

6. TE v Wellington Standards Committee LCRO 100/2010, 92/2011, 153/2012 (1 February 2013) [pdf, 126 KB]

   ...estate will be regulated services. [48] TF disagrees with that decision for the following reasons: - (a) Estate administration stands as a separate and discrete and substantial discipline of its own. (b) The foregoing is reflected in the Court of Appeal decision of Hansen v Young [2004] 1 NZLR 37 at paragraphs [33] to [36]. At paragraph [34], the Court of Appeal referred to the House of Lords decision in Dubai Aluminium Company Limited v Salaam [2003] 1 All ER 97 where Lord Millett...

7. SE v VT, DJ and CM LCRO 163/2014 (11 March 2015) [pdf, 101 KB]

   ...the risk of perception of a conflict. [89] In the leading decision of Russell McVeagh McKenzie Bartlett & Co v Tower Corporation,9 [90] The Court considered that it should disqualify a lawyer from representing a party when: the Court of Appeal considered an appeal from a decision to disqualify a law firm from providing advice to a competitor of an existing client of the firm in proceedings brought against an existing client. That decision considered the balancing exercise...

8. Collier - Torere Reserves Trust (2020) 241 Waiariki MB 13 (241 WAR 13) [pdf, 261 KB]

   ...prohibit the distribution of money collected for rent, purchase, royalties, etc. of the alienation of land, or of compensation payable in respect of other revenue derived from the land, affected by any order to which an application under s 45 or an appeal under Part 2 relates. [30] The established principles for granting a permanent injunction have been addressed by the Māori Appellate Court in Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block as follows:6 [15] In...

9. McGregor v Hutcheson - Porongahau 1B4'O'2 Trust (2015) 43 Tākitimu MB 15 (43 TKT 15) [pdf, 326 KB]

   ...trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [18] In Rameka v Hall the Court of Appeal cited with approval the relevant legal test for removal of trustees as set out in by the Māori Appellate Court in Apatu v Trustees of Owhaoko C1 and 2C: 10 [30] The settled approach in the Maori Appellate Court in applying s 240 i...

10. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

    ...Winkelmann J provided helpful guidance on the nature and scope of an LCRO review. She described the review framework in the Act as creating “a very particular statutory process”.2 [27] Her Honour noted that the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reachi...