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1. Fitikefu v Department of Corrections (Strike-Out Application) [2019] NZHRRT 51 [pdf, 224 KB]

   ...(SCNZ) at para [33]). But limitation questions will not be decided in interlocutory proceedings in advance of the hearing except in the clearest of cases (Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 at para [31]). [26] On appeal in Commerce Commission v Carter Holt Harvey Ltd [2009] NZSC 120, [2010] 1 NZLR 379 this approach was reinforced by Elias CJ at [3]. Tipping J at [39] stated: As this is a strike-out application CHH must demonstrate that the Commission...

2. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...District Plan ("CROP") process. The CROP process was established with an Order in Council made pursuant to the Canterbury Earthquake Recovery Act 2011. This involved modification of the standard plan change process under the Act, with appeal rights being limited to questions of law only.'2 [10] The Order in Council had restricted the ability of the Council to initiate a plan change under Schedule 1 of the RMA. The Order in Council was revoked from 18 March 2019,13 t...

3. OP v UV LCRO 160/2015 [pdf, 168 KB]

   ...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:10 [39] … 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. [40] The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for...

4. LCRO 55/2020 MY v KA (5 October 2020) [pdf, 182 KB]

   ...scope of review [38] 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 that...

5. LCRO 221/2016 FN v SB (10 December 2019) [pdf, 130 KB]

   ...scope of review [38] 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...

6. International Covenant on Civil and Political Rights - government report back 5th report [pdf, 242 KB]

   ...an application from the Police to lay charges under the Terrorism Suppression Act 2002. The trials of those charged are due to begin on 30 May 2011. The timing of the trials reflects the very considerable number of pre-trial applications and appeals by both prosecution and defence counsel. The New Zealand Government is still unable to comment in detail while court proceedings are still underway. Complaints to Independent Bodies 47. The Independent Police Conduct Authority is co...

7. Paikea - Otara 5D1 (2016) 140 Taitokerau MB 78 (140 TTK 78) [pdf, 220 KB]

   ...application to change the status per s 135 of the Act: 5 [40] The general principles applicable to a change of status have developed over time. There are a number of decisions of the Māori Land Court, Māori Appellate Court, High Court and Court of Appeal which are of relevance. They are Cleave – 5 Apaapa – Te Pura A No 17 (2010) 6 Waikato Maniapoto MB 1 (6 WMN 1). 140 Taitokerau MB 83 Orokawa 3B (1995) 4 Taitokerau...

8. LCRO 8/2019 GM v NK (25 June 2019) [pdf, 234 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: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 p...

9. LCRO 246/2013 YM v RD (7 January 2019) [pdf, 221 KB]

   ...scope of review [31] 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 tha...

10. LCRO 146/2019 AC v CJ (12 March 2020) [pdf, 146 KB]

    ...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: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 that...