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1. LCRO 107/2021 NG v WF and OE (29 September 2021) [pdf, 176 KB]

   ...scope of review [45] 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...

2. Gray v Accident Compensation Corporation (Causation) [2023] NZACC 152 [pdf, 233 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 152 ACR 300/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN MICHELLE GRAY Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 20 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Sara for the Appellant Ms J Maslin-Caradus for the First Respondent (via AV...

3. LCRO 260/2013 CS v RV (18 July 2017) [pdf, 190 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:4 … 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...

4. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...consideration; or (d) was plainly wrong. [18] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [19] We accept the Registrar’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any...

5. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. [18] In Henare v Māori Trustee – Parengarenga 3G 10 the Māori Appellate Court discussed t...

6. LCRO 94/2019 EL v UD (15 May 2020) [pdf, 190 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 that...

7. LCRO 108/2016 WJ v FM (19 March 2019) [pdf, 146 KB]

   ...process of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 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 f...

8. LCRO 158/2015 PL v VD (21 February 2019) [pdf, 178 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: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...

9. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...that he was her whāngai for the purpose of succession under the Act. Is Mr Kennedy related by blood to Ms Fleet and a member of the hapū associated with the land? [29] The application of s 108(2)(c) of the Act was considered by the Court of Appeal in Kameta v Nicholas.8 The Court of Appeal found: [31] The Māori Appellate Court, correctly in our judgment, adopted a conjunctive approach to the construction of s 108(2)(c) in finding that a blood relationship will be established...

10. Denbighshire v Galashiels LCRO 218 / 2009 (26 February 2010) [pdf, 93 KB]

    ...litigant of me personally in the High Court. [35] I do not understand this to be the case. Mr Denbighshire’s proceedings quite correctly name the Legal Complaints Review Officer as the respondent to his judicial review application. He is in effect appealing the costs aspect of the earlier decision. In this sense being the subject of judicial review is a usual incident of issuing decisions which are otherwise unappealable. I also observe that the judicial review application argues...