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1. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...define what a whānau trust is. He pointed out that discretionary family trusts 5 Fenwick v Naera [2015] NZSC 68 at [180]. 6 Moke v Trustees of Ngāti Tarāwhai Iwi Trust – Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [42]. 7 Bisson v King [2020] NZHC 2426 at [46]. 8 Chris Kelly and Greg Kelly Garrow and Kelly Law of Trusts and Trustees (8th ed, LexisNexis, Wellington, 2022) at 586; see also John Burrows (ed) Land Law (online ed, Thom...

2. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 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: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...

3. MLC August 2022 Notification of Applications in Office of Chief Registrar 20220616 [pdf, 413 KB]

   ...Judge's MB 51-59 on 8 February 2012 - 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 A20210008798 45/93 Josephine Wade CJ 2021/28 - Dean Wade - and a succession order made at 77 Taitokerau MB 16-23 dated 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or...

4. [2015] NZEmpC 112 Vince Roberts Electrical v Carroll [pdf, 202 KB]

   ...subject of definition in case law. Ironically, perhaps, one of the most recent cases to confirm when a grievance has been raised is another police case, Creedy v Commissioner of Police [2006] 1 ERNZ 517. This issue is not one affected by subsequent appeals in that case. [13] In Creedy at paragraph [35], the Court confirmed previous interpretations to the effect that a grievance is raised with an employer as soon as the employee has made, or has taken reasonable steps to make, the...

5. LCRO 76/2020 FV v GT (23 July 2021) [pdf, 269 KB]

   ...scope of review [78] 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 tha...

6. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...scope of review [26] 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...

7. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...employment”? [33] Whether what Talley’s describes as “seasonal employment” is what is known in employment law as fixed term employment, is a fundamental issue in the case. This issue has not been addressed previously, at least in this Court or on appeal from it, in relation to the fish processing industry. Talley’s claims that the employment of Mrs Turner was of a “seasonal” nature rather than of indefinite duration, but was not “fixed term” employment. It says th...

8. Apostolakis v Gilbert (Decision) [2018] NZHRRT 22 [pdf, 290 KB]

   ...function of the Tribunal. We can see no possible basis for taking the extraordinary step of removing all or part of these proceedings into the High Court. [15.3] If Mrs Apostolakis is unsuccessful in her claim against Mr Gilbert, she has a right of appeal to the High Court. On such appeal she can raise any question of law which then genuinely arises for determination on the facts as ultimately found by the Tribunal. In the meantime the ordinary statutory process must be allowed to w...

9. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...December 1994), at [52]. [91] Ms Lucas submitted that Mr Goundar’s conduct was not deliberate, and therefore not a breach of s 73(c). In support of this submission, she referred to the judgment of his Honour Moore J in the High Court, on appeal from the Tribunal’s decision in Clark, referred to above:11 … the Tribunal in a full and detailed decision found that … there had been a breach of s 136 of the Act but that it was not deliberate and thus misconduct in terms of...

10. TC vs Mr & Mrs SH LCRO 234/2014 [pdf, 233 KB]

    ...scope of review [70] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:19 … 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...