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1. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

   ...remove this previous qualification to "tikanga" is consistent with the evolution of te reo Māori to meet modern circumstances and the acknowledgement of changes in social environment in, for example, the broadcasting cases in the Court of Appeal and Waitangi Tribunal. [14] He also found that:10 7 See Smith, Native Custom and Law affecting Native Land (Maori Purposes Fund Board, Wellington 1945) and Minhinnick – M...

2. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...Scope of Review [84] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … 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 th...

3. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

   ...scope of review [29] 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 that...

4. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...of good faith under s 4 of the Act, via s 100D(4). [92] My earlier discussion resolves this issue. A refusal to comply with an LPS agreement may fall for assessment under s 4, not via s 100D(4) but by s 100D(2). [93] Further, as the Court of Appeal noted in New Zealand Professional Firefighters Union v New Zealand Fire Service Commission, a breach of a relevant agreement may not necessarily amount to a breach of good faith, for example, if there has been a genuine misinterpretati...

5. MLC Applications April 2023 [pdf, 453 KB]

   ...Succession MB 132 on 25 February 1992 - Application to the Chief Judge A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame Metua - Lot 3A2 Parish of Katikati - and a succession order made at 32 Tauranga MB 10, 11-12 on 17 February 1972 - Application to the Chief Judge A20210009207 45/...

6. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

   ...scope of review [56] 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 261/2016 TJ v DM and ZP (26 September 2019) [pdf, 196 KB]

   ...scope of review [33] 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...

8. [2019] NZEmpC 190 Maddigan v Director-General of Conservation [pdf, 304 KB]

   ...Department’s policy. [13] A further email was sent to Mr Roberts on 1 November 2016, advising that Mr Maddigan was obtaining more information from the Police, that the 31 October 2016 Court date had been changed to 21 November 2016, and that the appeal would be heard within the next two weeks. Clearly what was being sought on Mr Maddigan’s behalf was deferral of the disciplinary process until issues with his licence had been resolved by the Courts. [14] In the meantime, Mr...

9. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...Commission at [6]: 6 Defendants have made recent use of the Official Information Act 1982 to obtain information from the police or other prosecuting agency which might bear upon an alleged offence. The practice has developed since the Court of Appeal held in Commissioner of Police v Ombudsman [1988] 1 NZLR 385 that the right under the Act to “official” or “personal” information could be used for purposes of a pending trial. However, the Act is unable to meet all the needs of d...

10. LCRO 243/2013 ZAA v YBC (27 June 2017) [pdf, 267 KB]

    ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:27 … 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 th...