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1. National Standards Committee 1 v Gardner-Hopkins [2022] NZLCDT 2 (13 January 2022) [pdf, 211 KB]

   ...of contexts in which professional misconduct comes to be examined, it is very difficult to find cases which specifically mirror each other. The two other cases of sexual misconduct which have been considered by this Tribunal (and in one case on appeal by a Full Bench of the High Court) are Daniels14 and Horsley.15 Each of those cases resulted in a three-year suspension of the practitioner. [55] Mr La Hood submitted that the present case was more serious than each of them, so th...

2. LCRO 48/2014 M LJ and the trustees of the M LJ Family Trust v PY (5 June 2019) [pdf, 219 KB]

   ...scope of review [61] 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 tha...

3. LCRO 024/2018 NN v AE (23 April 2019) [pdf, 213 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: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...

4. LCRO 121/2023 AI v HR (12 December 2023) [pdf, 218 KB]

   ...scope of review [52] 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...

5. 2021-03-18 Fish & Game opening subs [pdf, 298 KB]

   ...those pathways to provide for appropriate outcomes, to consider how 2101895 | 5860754v1 page 10 effects will be considered, and against what baseline effects will be assessed. 32 This is a live issue that is currently the subject of an appeal to the High Court by Fish and Game, against the Environment Court's decision on Plan Change 5A9 which set minimum flows and allocation limits for the Lindis catchment, in Otago. 33 Fish and Game are appealing on the basis th...

6. LCRO 224/2018 (31 October 2019) [pdf, 194 KB]

   ...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...was no disagreement before us concerning the test for apparent bias. After some semantic differences, the test in the United Kingdom and the test in Australia have become essentially the same. In Muir v Commissioner of Inland Revenue, the Court of Appeal brought New Zealand law into line. In the Australian case of Ebner v Official Trustee in Bankruptcy the leading judgment was given by Gleeson CJ and McHugh, Gummow and Hayne JJ. They stated the governing principle that, subject to qualifi...

8. LCRO 118/2018 VT v MQ (18 March 2020) [pdf, 157 KB]

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

9. LCRO 215/2018 WN v ZD (31 October 2019) [pdf, 162 KB]

   ...scope of review [29] 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 tha...

10. CAC301 v Mairs [2015] NZREADT 63 [pdf, 225 KB]

    ...market and sell the property at auction. [49] One of the owners engaged Barfoot & Thompson Pukekohe and executed a listing agreement in relation to the sale of the property. That listing agreement was not signed by the other owner. The issue on appeal was whether the licensee’s failure to obtain the signature of the other owner constituted unsatisfactory conduct for the purposes of the Act. [50] At [22], Lang J accepted that “an agent would ordinarily be wholly remiss if he...