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1. Byrnes v ACC [2014] NZACA 16 [pdf, 41 KB]

   ...there was no such new employment or incapacity. The incapacity was continuous from July 1985, hence the July 1985 wage rate should be used. THE LAW [20] An appeal lies to the Authority against certain decisions of a review officer (sections 101, 107 Accident Compensation Act 1982 – “the Act”). Such an appeal lies in this case. An appeal is by way of a rehearing, with all findings of fact and law at large. [21] Notwithstanding the repeal of the Act (and its predecessor,...

2. KC v LF LCRO 046/2012 (21 November 2014) [pdf, 51 KB]

   ...sanction. [49] Importantly, the legislation does not provide that a breach of the Rules must result in a penalty being imposed. That approach, if followed, would overlay the 4 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305. 9 disciplinary process with a rigidity and inflexibility that is not sanctioned by the legislation. [50] After receiving a complaint, the Standards Committee may, at first step, exercise its discretion to t...

3. LCRO - 2014 annual report [pdf, 1.7 MB]

   ...Under section 211 of the Actl the LCRO can confirml modify or reverse any decision of a Standards Committee. The LCRO also has the powerl under section 2091 to direct a Standards Committee to reconsider a decision. In the reporting year: • 101 decisions of Standards Committees were confirmed by the LCRO. • 36 decisions were modified by the LCRO. Modifications included: o 9 findings of unsatisfactory conduct. o 5 instances where compensation orders were made. o ~ instance whe...

4. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...Bill of Rights Act if it can be considered reasonably justified in terms of s 5 of that Act. However, the Supreme Court has held an unreasonable search logically 3 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. cannot be demonstrably justified and therefore the inquiry does not need to be undertaken.4 In assessing whether the search and seizure powers in the Bill are reasonable, we have co...

5. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...Raimapaha Rei left a will dated 6 December 1985 and probate was granted on 9 June 2005. Mr Brown has submitted a letter dated 1 February 2001 where, in essence, he contends that Mr Lett may not be receiving a fair value for his 431 Aotea MB 101 interest in the lands he seeks to gift to Mr Waitai. Mr Lett in response to Mr Brown’s letter simply said, “I just need to get this over and done with so I can move on with my own life”. Te take Issue [3] The issue for deter...

6. Kupa v Kupa - Lot 10H and 101 Pt Omahu 2C1C (2020) 85 Takitimu MB 189 (85 TKT 189) [pdf, 251 KB]

   85 Tākitimu MB 189 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TĀKITIMU In the Māori Land Court of New Zealand Tākitimu District A20200007366 WĀHANGA Under Section 214, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Lot 10H and 10I Pt Omahu 2C1C I WAENGA I A Between MARE REIHARANGI KUPA (SENIOR) Te Kaitono Applicant MARE REIHARANGI KUPA (JUNIOR) Te Kaiurupare Respondent Nohoanga: Hearing

7. OJI-Fibre-Solutions-NZ-Limited-84-85-86-90-91-92-94-96-97-98-99-100-101-102.pdf [pdf, 181 KB]

   ...Limited v WRC (ENV-2020-AKL-000098); (k) Beef & Lamb New Zealand Limited v WRC (ENV-2020-AKL- 000099); (l) Waikato and Waipa River Iwi v WRC (ENV-2020-AKL-000100); (m) Auckland Waikato and Eastern Fish and Game Council v WRC (ENV-2020-AKL000101); (n) Federated Farmers of New Zealand Incorporated v WRC (ENV- 2020-AKL000102). 2. NATURE OF INTEREST 2.1 As the owner and operator of Kinleith Pulp and Paper Mill, Tokoroa. OjiFS is an entity with an interest in the proceedings th...

8. MLC Kaikoura 2 Block - Original Owners [pdf, 41 KB]

   ...Kaikoura 2 NTAC Block 24 K24 Te Maia HAEATA 1A3 of 2 1C of 2 (1942) 10 of 2A(1949) 25 K25 Te Rangimarie Whanaupani HAEATA 1A3 of 2 1C of 2 (1942) 10 of 2A(1949) 26 K26 Te Rito HAEATA 1A3 of 2 1C of 2 (1942) 10 of 2A(1949) 27 K27 Tuihana HAKARIA Issue is K101 Riria te Rongopatahi 28 K28 Rihari HEMERA 19 of 1A 29 K29 Hoani Te Wanikau TAPIHA 3C of 2 1C of 2 (1942) 10 of 2A(1949) 30 K30 Tauira HOHEPA 1C2 (1949) 1C2 (1951) 31 K31 Mere IHAIA WARUHE Issue of K96 Ratima Waruhe 32 K32 Hoani TE REWETI H...

9. Complaints Assessment Committee 403 v Elia [2017] NZREADT 7 [pdf, 110 KB]

   ...1 A person who has been convicted of a crime of dishonesty within 10 years of applying for a licence is not eligible to hold a licence: s 37(1)(a) of the Act. 2 Morton-Jones v The Real Estate Agents Authority [2016] NZHC 1804, at [101]. [9] Mr Elia accepted that he could have prepared an informal appraisal for Mr and Mrs B, but submitted that he had already given them an informal appraisal, in his email at 8.11 pm on 28 October. [10] Mr Elia said that at that t...

10. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [pdf, 197 KB]

    ...[2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 7 Z v Dental Complaints Assessment Committee, above n 6, at [97], [101]–[102] & [112]. 7 [33] There are no submissions from the complainant or the adviser. [34] No party has requested an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1....