Search Results

1. Baker v Ngāti Tūwharetoa Hapū Forum - Te Matai No 1 and Te Matai No 2 [2015] Chief Judge's MB 900 (2015 CJ 900) [pdf, 248 KB]

   ...Roston Farm, over which access was sought. 6 [6] The Tribunal noted that pursuant to s 7(1)(c) of the Treaty of Waitangi Act 1975, there was a discretion not to inquire further into a claim if there is an alternative “adequate remedy or right of appeal” which it would be reasonable for the claimant to pursue. 7 The Tribunal further noted that s 326B of TTWMA had been newly amended to provide that “owners of land-locked land may apply at any time to the Court for an order.” 8...

2. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...employee deprived improperly of a day’s annual holiday to be paid a day’s wages in compensation. Proper compensation would be the provision of an alternate holiday. [24] How that is achieved is, as with the decision on the first ground of appeal, obvious in this case as Mr McIlraith conceded realistically. Where the wrongful deprivation of an entitlement to an annual holiday is an unjustified personal grievance, the statutory remedies for grievances will encompass this situati...

3. Guidelines: Family Law section best practice [pdf, 415 KB]

   ...(UNCROC). 1.3 The welfare and best interests of the child is the paramount consideration of the Family Court in proceedings that involve children under these Acts. 1.4 Except in circumstances where a child is exercising his or her right of appeal, (sections 143 of the Care of Children Act 2004 (COCA) and section 341(2) of the Children, Young Persons, and Their Families Act 1989 (CYPTF Act), and in limited circumstances as prescribed by these Acts (section 31 of COCA), a child is n...

4. LD Trust v CN LCRO 300/2013 (29 November 2016) [pdf, 236 KB]

   ...Scope of Review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:10 … 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...

5. LCRO 68/2016 ZA v YB (23 May 2019) [pdf, 202 KB]

   ...scope of review [25] 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. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. LCRO 40/2018 RS v DL (27 June 2019) [pdf, 173 KB]

   ...scope of review [25] 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...

7. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...and Scope of Review [35] 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...

8. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...is referred to in any other relevant document and is itself relevant. [17] The role of pleadings in assessing relevance is obviously important. The leading authority on this topic is Airways Corporation of New Zealand Ltd v Postles, a Court of Appeal decision which considered the former reg 48 of the Employment Court Regulations 1991.6 [18] For the purposes of that regulation, the Court of Appeal said: [5] With respect we consider the judge erred in law in drawing for present p...

9. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [pdf, 210 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:8 … 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...

10. Kingi - Maungaroa No 1 Section 27 (2018) 194 Waiariki MB 268 (194 WAR 268) [pdf, 356 KB]

    ...their obligations under a trust. At this point our examination of the conduct of the trustees is confined to the finding of inequitable treatment of beneficiaries. The duties that are relevant to the actions of the trustees in the context of this appeal and which we need to consider are those to adhere to the terms of trust, to maintain impartiality between beneficiaries and to avoid any conflict of interest. [37] The authors G E Dal Pont and D R C Chalmers in Equity and Trusts in Au...