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...review under the Act:11 11 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 9 … 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...
...scope of review [67] 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...
...scope of review [55] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:19 … 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...
...parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. (3A) For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and...
...the Act:8 7 [1969] 2 AC 3. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 12 … 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...
...that being so, it poses a difficult question as to what amount of those costs the respondents should have to contribute. [47] The Council in response referred us to the High Court’s decision in Gifford v Marlborough District Council,17 an appeal from the Environment Court. The High Court confirmed the Environment Court’s jurisdiction to impose the relevant enforcement orders. [48] The High Court addressed the question of jurisdiction to impose Orders B3, B12 and B13 as...
...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 tha...
...scope of review [65] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:14 … 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...
...Tu’itupou v Guardian Healthcare Operations Ltd (2006) 4 NZELR 1 (EmpC). 16 At [68]. 17 At [72]-[73]. recognised general principles which have particular relevance to the facts of the present case. They were affirmed by the Court of Appeal in Wall v Caldow 18 and Peihopo v Amuri County, 19 respectively. Each of those cases was concerned with an application under s 4(7) of the Limitation Act 1950 for leave to bring an action for bodily injury outside the two year s...
...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: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...