Search Results

1. Wihone - Panguru A16 & others (2016) 123 Taitokerau MB 199 (123 TTK 199) [pdf, 447 KB]

   ...relation to non-access easements, such as in the case of the present water easement. I discussed this issue in my decision in Smith – Ohuirua No 2. 7 The approach I took in that decision was upheld by the Māori Appellate Court in the subsequent appeal. 8 More recently, I discussed the approach the Court should take in assessing the level of owner support for an electricity easement in Top Energy Limited – Whakataha Z1C. 9 I concluded in that decision that the approach taken...

2. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...Law of Contract in New Zealand (2nd Edition) at 14.3.1. [31] A voluntary transaction is treated differently. It need not be shown that the other party knew of the person’s mental incapacity. In Scott v Wise [1986] 2 NZLR 484 the Court of Appeal ruled that voluntary transactions will be avoided at the instance of the donor or his representative once lack of capacity is established unless there is some equitable defence (page 493). In Dark v Boock [1991] 1 NZLR 496 the High Cou...

3. LCRO 152/2016 BL v HJ (11 August 2017) [pdf, 255 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:16 … 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 183/2021 WB v XD (22 July 2022) [pdf, 202 KB]

   ...scope of review [27] 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 that...

5. LCRO 104/2018 CJ v MV (28 February 2020) [pdf, 189 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (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...

6. [2016] NZEmpC 173 Lyttelton Port Company Ltd v Maritime Union of NZ Inc [pdf, 222 KB]

   ...is entitled to be informed of the timeframe within which intended strike action will take place. The amendment assists in providing clarity and certainty. [26] Mr Goldstein, counsel for the Union, also made reference to a more recent Court of Appeal decision, the New Zealand Airline Pilots’ Assoc IUOW Inc v Air Nelson Ltd. 9 This judgment considered the requirement in s 90(3)(a) that a period of notice needed to be specified which was no less than 14 days in the case of an ess...

7. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...reforming offenders or reducing serious crime. Adverse impacts of the regime 18 The three strikes law has had several adverse impacts. It has attracted severe criticism for excessive and disproportionate punishment in many cases. The Court of Appeal has found sentences imposed under the regime contravene the New Zealand Bill of Rights Act 1990 (Bill of Rights Act).7 19 The main effects of the regime to date are: 19.1 removal of the possibility of parole, a useful tool for priorit...

8. LCRO 73/2019 LM v NO (27 July 2020) [pdf, 224 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: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 that...

9. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...scope of review [37] 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 that...

10. LCRO 195/2017 LH v SR and HP (19 March 2019) [pdf, 229 KB]

    ...scope of review [36] 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...