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1. NA v AL LCRO 68 / 2011 (10 April 2012) [pdf, 103 KB]

   ...[12] They also considered that there had been a lack of consideration by the Committee to the complaint of excessive overcharging by the Practitioner. They added that no importance had been placed on the advice given by the Practitioner not to appeal the initial injunction and overall they felt that their responses to the Practitioner’s submissions had been “virtually overlooked” by the Committee particularly with regard to their financial situation. [13] This review has be...

2. [2017] NZEnvC 140 Pierau v Auckland Council [pdf, 3.9 MB]

   BEFORE THE ENVIRONMENT COURT Court: IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 1'-1 0 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act A PIERAU (ENV-2016-AKL-000174) Appellant AUCKLAND COUNCIL Respondent Principal Environment Judge L J Newhook Environment Commissioner D J Bunting Deputy Environment Commissioner R Bartlett Final decision made on the papers Appearances: Date of Decision: Date of Issue: B Carru...

3. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...penalty decision. He is also ordered to pay a fine of $5,000 to the Authority, within 20 working days of this decision. [47] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson ___________________ Ms N Dangen Member...

4. Name suppression processes for victims of sexual violence [pdf, 493 KB]

   ...v Police (ibid) at p. 21. 7 newspaper publicity, which the learned District Court Judge referred to as going “close to the wire”, there would have been no possible basis to order suppression of name now. I suppose the outcome of this appeal is simply an illustration, or example, of how the concept of freedom of speech and openness of justice can, if stretched when not permitted, lead as is the case here to the press being denied later the right on behalf of, and as surrogat...

5. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...scope of review [126] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:55 … 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. Skerrett - Taumanu A (2023) 299 Waiariki MB 93 (299 WAR 93) [pdf, 285 KB]

   ...v Māori Appellate Court, HC Wellington CP428/98, 14 September 2000 at [52], cited in Reid v Trustees of Kaiwaitau 1 Trust (2006) 34 Gisborne Appellate 168 (34 APGS 168). 14 Rudolph v Reti - Otetao B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) at [37]. 299 Waiariki MB 101 [37] In Leckie — Matauri 2K the Court noted:15 The question of what amounts to a ‘sufficient degree of support’ for an application for an occupation order (and other applications under the...

7. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly...

8. Tamati – Whareongaonga 6 Block (2012) 27 Tairāwhiti MB 194 (27 TRW 194) [pdf, 124 KB]

   ...opposing the application. 27 Tairawhiti MB 200 [25] They submit that the order made by Chief Judge Williams at 2003 CJ 189- 191 on 4 September 2003 may be subject to a further application under s 44 of the Act or an application for leave to appeal out of time should be filed. [26] It is submitted that the order made by Chief Judge Williams to remedy the injustice inflicted on the Tamati whānau instead inflicted a further injustice on the beneficial owners of Whareongaonga...

9. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...basis for departing from the ordinary rules where the proceedings were difficult and hard fought, and where the applicants succeeded in the 10 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) 11 (2001) 13 Täkitimu Appellate MB 184 (13 ACTK 184) 12 (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64) 13 (2008) 11 Waiariki Appellate Minute Book 249 (11 AP 249) 32 Tākitimu MB 180 face of serious and co...

10. LCRO 105/2018 SW v NL (23 August 2019) [pdf, 292 KB]

    ...scope of review [74] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...