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1. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...scope of review [50] 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 that...

2. Saini v Dua [2016] NZIACDT 61 (26 September 2016) [pdf, 167 KB]

   ...19 December 2012, Mr Dua lodged a section 61 request for a partnership work visa; Immigration New Zealand refused the request on 31 January 2013. The following day, Mr Dua told the complainant because his visa had expired and he had no rights of appeal, he should leave New Zealand. On 11 and 15 February 2013, the complainant paid Mr Dua an additional $750 for a further section 61 request; a written agreement for those services had been sent to the complainant. [8.5] The complainant...

3. BORA-Vet-advice_-SIGNED-with-coda-Firearms-Prohibition-Order-Legislation-Amendment-Bill-Consistency-to-NZBORA-15-February-2024-for-publication.pdf [pdf, 5 MB]

   ...searches cannot be justified under s 5 of the Bill of Rights Act. Human Rights Act 1993, s 21{f) . Ministry of Health v Atkinson [2012] NZCA 184, [2012] 3 NZLR 456 at (55] and [143] . • 7 39. However, applying the reasoning of the Court of Appeal in Ngaronoa v Attorney-Genera/, we do not consider the Bill engages section 19. 24 Specifically, because: 39.1 While the Bill expands the category of people against to whom FPOs may be made gang members or associates, in particular...

4. McLeod - Mangatawa 2B 2A Block (Tamapahore Marae) (2020) 201 Waikato Maniapoto MB 145 (201 WMN 145) [pdf, 246 KB]

   ...(10 AP 233) at 236. 5 Kauika-Stevens v Tawake - Rangitatau 1D5A1 Reserve (Tākirau Marae) (2019) 396 Aotea MB 215 (396 AOT 215) at [23]; and Smith v Smith- Nuki o Te Hapū Tahawai ki Ratoroa Whānau Trust [2019] Maori Appellate Court MB 110 (2019 APPEAL 110) AT [34] fn 25. 201 Waikato Maniapoto MB 148 The difficulty I have with a strict application, is that it does not allow for someone who has been removed to rehabilitate themselves and, in the future, stand again for rea...

5. Family Fixed Fees Schedules July 2020 updated 28 October 22 [pdf, 482 KB]

   ...further instructions and reviewing merit • Undertaking negotiations • Attending Registrar’s list/chambers hearings • Liaising with relevant parties – Oranga Tamariki, counsel for child, witnesses, experts • Reporting to client Appeals against financial decisions- preparation Estimate required by amendment For • all preparation related to appeal • reporting to client • preparing application for amendment to grant Appeals against financial decisions...

6. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...to the Registrar within one month a fine of $15,000. 3. Ordered to pay to the Registrar within one month costs of $17,477.75. [38] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [39] Having regard to the interests of the public, it is appropriate to order publication of this decision.13 ___________________ D J Plunkett Chair ___________________ G J Denley...

7. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...Milne [2012] NZEmpC 25 at [29]; 5 Employment Court Regulations 2000, reg 6 and High Court Rules 2016, r 5.45(2). [15] There is a need to balance the interests of the plaintiff and the defendant in the overall exercise. As the Court of Appeal observed in A S McLachlan Ltd v Mel Network Ltd: 6 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contemplating also that an o...

8. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...Scope of Review [34] 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...

9. LCRO Annual Report 2019 [pdf, 271 KB]

   ...power now accorded to the LCRO to direct, in circumstances where the LCRO considers it appropriate, that a review be conducted on the papers. The LCRO continues to post a number of decisions on the LCRO website. Whilst there is no right of appeal from a decision of the LCRO, decisions are open to being judicially reviewed by the High Court. In the reporting period, three decisions were judicially reviewed. As a percentage of decisions Annual Report 2019 | Legal Complaints Re...

10. LCRO 32/2020 R NB and A NB v TD (11 March 2020) [pdf, 130 KB]

    ...pm on Tuesday 4 February 2020. 15 See for example s 85 of the Residential Tenancies Act 1986 and s 18 of the Disputes Tribunal Act 1988. As well, a specific power to extend the time for lodging an appeal to the Real Estate Agents Disciplinary Tribunal is contained in ss 111(1) and 111(1A) of the Real Estate Agents Act 2008. 16 Section 2(1)(b)(viii) of the Privacy Act 1993. http://www.legislation.govt.nz/act/public/1988/0110/latest/link.a...