Search Results

1. [2013] NZEmpC 24 Idea services Ltd v Barker [pdf, 120 KB]

   ...nature of the hearing the Court has to have regard to the overall justice and equity of the matter not only as that applies to the plaintiff but also to the defendant. Discussion [36] Both counsel accepted the principle, confirmed by the Court of Appeal in Ports of Auckland Ltd v New Zealand Waterfront Workers Union, 15 that the mere possibility of a miscarriage of justice is not a sufficient ground for granting a rehearing. What is required is an actual miscarriage of justice...

2. LCRO 89/2017 FZ v LS [pdf, 229 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: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. Edwards v Tatere - Mangatainoka No 1BC No2C (2012) 15 Takitimu MB 204 (15 TKT 204) [pdf, 205 KB]

   ...submit that they remain confident in their ability to perform their duties as Trustees, despite the accusations and assumptions made against them. Legal Principles [51] The Proprietors of Mangakino Township v The Māori Land Court 5 the Court of Appeal confirmed that this Court has extensive supervisory powers in relation to trusts. Blanchard J noted at pp 9-10 that the Māori Land Court: “…is expressly given in s237 in respect of any trust to which Part XII applies ‘all...

4. LCRO 1/2020 NR v YB (28 June 2021) [pdf, 150 KB]

   ...scope of review [10] 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...

5. McCaw Lewis - Rakautatahi 1B2B1A (2022) 97 Takitimu MB 232 (97 TKT 232) [pdf, 499 KB]

   ...Māori I must instead consider the position of the residual beneficiaries. [23] In considering whether the interests of residual beneficiaries constitute a “future interest” for the purposes of s 21(2) of the Limitation Act 1950, the Court of Appeal has noted:7 5 Moke v Trustees of Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [74]. 6 Hettig v ANZ, above n 2 at [18]; Hunt v Muollo [2003] 2 NZLR 322 (CA) at [11]. 7 Johns v Johns [2004...

6. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...[26] Mr Waalkens referred to the penalty decisions in Complaints Assessment Committee 409 v Rankin,13 Complaints Assessment Committee 409 v Cartwright,14 and Complaints Assessment Committee 416 v Prasad15 (together with the High Court judgment on appeal: Prasad v Real Estate Agents Authority (CAC 416).16 Mr Hern referred to the penalty decision in Real Estate Agents Authority (CAC 20005) v Cui,17 and to the penalty decision of Complaints Assessment Committee 401 in Robson.18 [27] In...

7. Hart - Okaha Section 5 block VIII Gore SD (2012) 12 Te Waipounamu MB 286 (12 TWP 286) [pdf, 232 KB]

   ...that the Trusts might benefit from having people outside the family appointed as trustees, but does not elaborate on who those people might be. Legal Principle [23] The Proprietors of Mangakino Township v The Māori Land Court 14 the Court of Appeal confirmed that this Court has extensive supervisory powers in relation to trusts. Blanchard J noted at pp 9-10 that the Māori Land Court: “…is expressly given in s237 in respect of any trust to which Part XII applies ‘all the...

8. WC VB UA v WC VB UA LCRO 189/2012, 184/2014, 180/2012 & 190/2012 (10 September 2015) [pdf, 83 KB]

   ...of herself and Mr and Mrs VB, seeking compensation from Mr WC in respect of the loss they had suffered “as a result of [Mr WC] breaching [his] duty of care owed to each of [them]”. In the letter Ms UA referred in some detail to the Court of Appeal judgment in Gartside v Sheffield, Young and Ellis.2 1 WC submissions to LCRO (24 August 2015) at [6]. On the basis of this judgment, Ms VB and Ms UA alleged that Mr WC owed them a duty...

9. ZA v YB LCRO 23/2014 (31 August 2016) [pdf, 65 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: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...

10. LCRO 19/2017 VY v WR [pdf, 191 KB]

    ...scope of review [42] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:7 … 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...