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1. BB & AB v CC LCRO 134/2012 (26 August 2015) [pdf, 47 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review hearing [17] Ms and Mr AB attended a review hearing in Auckland on...

2. Bacic v Tulip Holdings Limited (in liq) [pdf, 26 KB]

   SUMMARY Case: Bacic & Anor v Tulip Holdings Ltd (in liq) & Ors File No: TRI 2008-100-000046/ DBH 00606 Court: WHT Adjudicator: P McConnell Date of Decision: 11 June 2009 Background The claimants, Mr and Mrs Bacic, experienced problems with their new home from the day they moved in. Some remedial work has been carried out but the majority is yet to be done. The first, fifth and ninth respondents were removed during the proceedings and so the claimants sought $275,5

3. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 57 [pdf, 173 KB]

   ...were not heard for almost two and a half years from their inception. This was not simply by mounting a straightforward defence but by engaging in a series of interlocutory applications which were found to be without merit and pursuing them on appeal as far as he was able. [15] Furthermore his manner of defence involved an attack on the honesty and integrity of his client. He blamed her for what he saw as his own misfortune in facing charges with no insight whatsoever as to his con...

4. Green v Wiari Green Estate - Uekaha A12BA2 (2004) 123 Otorohanga MB 197 (123 OT 197) [pdf, 422 KB]

   ...fencing costs to date, and have still to receive reimbursement from the Kohatu Green whanau and the Estate. In the meantime the outstanding costs have represented an overdraft in the bank account ofW T and D Green. The High Court, the Court of Appeal and the Supreme Court have the power under the Judicature Act 1908 to order interest on debts or damages as from the date the debt or damage was incurred. The District Court has power under the District Court Act to order interest a...

5. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   ...scope of review [41] 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...

6. Mikus - Hoera Te Kooti Whanau Trust (2010) 246 Aotea MB 242 (246 AOT 242) [pdf, 62 KB]

   ...asking if his offending was dishonesty related while noting that if it was he would need to resign as a trustee. Mr Mikus replied on 17 November 2008 stating that his offending was not dishonesty related in any way or form and that he had filed appeals against convictions claiming that he had been “wrongly accused”. [8] On 27 April 2009 in an effort to follow up earlier attempts at contact the Registrar made several additional telephone calls to Shirley Te Kooti but received no r...

7. Niao - Lot 39A Sec 2B No 2B No 2A Parish of Matatā (2017) 163 Waiariki MB 22 (163 WAR 22) [pdf, 168 KB]

   ...the trustees or on any application to the Court. 8 8 Whakatāne MB 130, dated 4 December 1903, per Hohepa Poia 163 Waiariki MB 27 [22] The parties may also want to consider the Court of Appeal decision Clarke v Karaitiana. 9 This case concerned meeting process and procedure including the power to call a meeting of owners under Part 9 of the Act with relevance to whether there is a trust. [23] In conclusion, I consider tha...

8. LCRO 95/2013 GI v JM (28 June 2017) [pdf, 255 KB]

   ...Scope of Review [28] 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 … 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. 6 At [38]. 7 Letter attached to Mr GI’S application for review at...

9. LCRO 75/2016 XN and WN v VO (25 February 2019) [pdf, 242 KB]

   ...scope of review [51] 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. Re Puia (Rejection of Statement of Claim) [2023] NZHRRT 29 [pdf, 158 KB]

    ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...