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1. [2012] NZEmpC 110 de Bruin v Canterbury DH [pdf, 199 KB]

   ...[70] The key expression in s 125 is “reasonable and practicable”. The meaning and application of the term “practicable” in the context of reinstatement is well established. In Lewis v Howick College Board of Trustees19 the Court of Appeal endorsed the view adopted in a previous decision:20 Practicability is capability of being carried out in action, feasibility or the potential for the reimposition of the employment relationship to be done or carried out successfully...

2. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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. LCRO 174/2018 GL v TE (18 June 2020) [pdf, 296 KB]

   ...scope of review [72] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:32 … 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...

4. [2018] NZEmpC 79 Hines v Eastland Port Ltd [pdf, 513 KB]

   ...acting upon an honest but mistaken belief is not misconduct (let alone serious misconduct). That submission overstates the position. As noted by this Court in Minhinnick v New Zealand Steel Ltd, the correct approach is that stated in the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan.12 That approach means that even one-off acts of inadvertence, oversight or negligence can, depending on the overall circumstances, amount to serious misconduct just...

5. MLC 2018 September 2018 - OCR Outstanding Applications [pdf, 382 KB]

   ...05/12/13 - Application to the Chief Judge A20180004454 58/93 Ngati Kawa Aramiha Taituha Te Tii A Maori Reservation (Waitangi Marae) - and an inquiry into administration of a rservation made at 173 Taitokerau MB 245 on 29 May 2018 - Appeal A20180004493 45/93 Ripeka Brightwell Roera Rangi or Rangi Roera or Roera Te Heke-tanga - and succession orders made at 10 Taranaki MB 174 (13/06/1904), 10 Taranaki MB 138 (12/10/1906) and Wellington Appellate MB no 1 p.133 (1...

6. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...scope of review [23] 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. LCRO 194/2020 WQ and QZ v [Company A] (29 March 2022) [pdf, 293 KB]

   ...and scope of review The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

8. LCRO 42/2021 JKL Limited v HC and GD (30 August 2021) [pdf, 277 KB]

   ...scope of review [62] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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. 12 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 13 The Review Officer has broad powers t...

9. LCRO 22/2019 HT v MK (29 May 2020) [pdf, 326 KB]

   ...scope of review [60] 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...

10. LCRO 275/2015 and 9/2016 YM v SC and JW (18 December 2018) [pdf, 286 KB]

    ...scope of review [87] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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. 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 15...