Search Results

1. LCRO 17/2021 NV v WQ (30 June 2021) [pdf, 167 KB]

   ...scope of review [47] 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...

2. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...scope of review [32] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...

3. National Standards Committee 1 v Young [2020] NZLCDT 30 (25 September 2020) [pdf, 183 KB]

   ...Mr Z (contrary to our finding) does speak English, and that Mr Z was an immigration agent. These submissions are completely at odds with our liability decision. If Mr Young wished to challenge that decision, the proper course 6 was an appeal to the High Court. His inability to comprehend this important, fundamental structure, adds to our concern about his ability to recognise quite basic features of legal process, of which the disciplinary process is a straightforward ex...

4. Matchitt - Te Kaha 65 (2021) 251 Waiariki MB 154 (251 WAR 154) [pdf, 237 KB]

   ...Ture Whenua Māori Act 1993 to grant new occupation orders, vesting a 1.7300 hectare site on Te Kaha 65 in Paratene Matchitt, Mana Matchitt and Elaine Hutchinson for their exclusive use and occupation. [8] On 1 April 2015, Edward Matchitt filed an appeal against the 2014 judgment. The Māori Appellate Court issued a judgment on 23 November 2015.10 The Court considered that evoking s 37(3) to make new occupation orders without prior notice to parties that this step was intended was i...

5. Kirkham v Huata - Lot 2 Deposited Plan 1996 formerly known as Mangaroa 26N2 block (2016) 54 Takitimu MB 104 (54 TKT 104) [pdf, 363 KB]

   ...4 Mikaere-Toto v Te Reti B and C Residue Trust - Te Reti B and Te Reti C Block [2014] Maori Appellate Court MB 249 (2014 APPEAL 249); Adlam v Savage - Lot 39A Sec 2A Parish of Matata and Lot 39A Sec 2B No 2B No 2A Parish of Matata [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) 5 See Haira v Haira – Kapenga A7(2016) 149 Waiariki MB 259 (149 WAR 259) 6

6. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...scope of review [47] 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...

7. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...scope of review [28] 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 that...

8. LCRO 286/2013 NL v UC (5 September 2017) [pdf, 256 KB]

   ...scope of review [58] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:21 … 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. 21 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]-[41]. 12...

9. [2011] NZEmpC 148 Service and Food Workers Union PSA v Pact Group [pdf, 119 KB]

   ...not met. [48] It is not appropriate to read this extended meaning into s 82. Indeed, it would be inconsistent with the scheme of this part of the Act to do so. In reaching this conclusion, I am guided very much by the decision of the Court of Appeal in Spotless Services (NZ) Ltd v Service and Food Workers Union Nga Ringa Tota Inc (No 2) 10 . In that case, the Chief Judge held that there is no lockout in terms of s 82 unless the demand made by the employer is lawful, that is one...

10. LCRO 33/2015 HS v Area Standards Committee [pdf, 193 KB]

    ...and 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: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...