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1. 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...

2. 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...

3. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...counsel for the plaintiff argues that the defendant could not have been said to have had, on 18 December 2009 or 12 January 2010, reasonable grounds for contemplating becoming a party to a proceeding. Counsel invokes the judgment of the Court of Appeal in Guardian Royal Exchange Assurance of New Zealand Ltd v Stuart where it was said that: 6 …privilege can only arise when litigation is pending or contemplated and that will be only so where the party regards litigation as probabl...

4. Brown v Progressive Enterprises Ltd (Strike-Out) [2024] NZHRRT 10 [pdf, 207 KB]

   ...case was made, the power was conferred on the Tribunal under s 115.6 3 Mr Brown did not file any opposition to the strike out when initially directed to do so in 2017. The Tribunal then did not progress any of Mr Brown’s matters as he had appealed to the senior courts from the decision of the Tribunal declining his application for the Chairperson (Mr RPG Haines QC) to recuse himself from hearing any of his proceedings. In 2020 Mr Brown was provided a further opportunity to file an...

5. VJ v JT LCRO 279/2014 (2 September 2015) [pdf, 99 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issue [17] Mr VJ expressed concern that the Committee gave weight,...

6. [2022] NZEmpC 169 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employmment [pdf, 223 KB]

   ...[56] and [66]. proceedings. Hairland sought a finding that the Authority did not have jurisdiction to investigate the Inspector’s claims. [11] By agreement the challenge was deferred and eventually stayed pending the outcome of appeals in Gill Pizza. The application to strike-out [12] The Chief Executive applied to strike-out Hairland’s challenge on two grounds. The first ground was that Gill Pizza confirmed the Authority’s jurisdiction to determine the s...

7. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...that land changed to general land: refer Himatangi 2A1 (1962) 70 Otaki MB 29 (70 OTI 29).6 [27] In Jimmieson – Mangawaakino 4D2B (1978) 15 Waikato Maniapoto Appellate MB 334-344, 392-396 (15 APWM 334, 392) the Māori Appellate Court heard an appeal in relation to s 30(1)(h) MAA. [28] In that case the Māori Appellate Court examined previous cases in which the appellant Jimmieson had been involved in. On two previous occasions the appellant sought and was granted orders that s...

8. Hooker Family Trust v R & B Plastering Limited [2011] NZWHT Auckland 41 [pdf, 80 KB]

   ...roof being replaced. R & B Plastering Limited was the plasterer, not the roofer, and, given my findings as regards the parapets, has no liability for the roof replacement. Other expenses and the claim for stress [24] The Court of Appeal in Sunset Terraces1 made it clear that the owners of leaky homes are entitled to compensation (where it is proved) whether they are trustees or not. The Court does not differentiate between trustees and non-trustee occupiers. [2...

9. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

   ...does not succeed.23 [28] The discretion is a broad one. Regard must be had to the overall justice of the case, and the respective interests of both parties must be carefully weighed up. That balancing exercise was summarised by the Court of Appeal in McLachlan v MEL Network Ltd in the following way:24 [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 or...

10. AI v AJ LCRO 01/2012 (21 November 2014) [pdf, 53 KB]

    ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his or her own judgement for that of the Standards Committee, without good reason. [26] In Deliu v Hong it was noted that a review is:2 …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 reac...