Search Results

1. LCRO 109/2015 RKX v SDC [pdf, 386 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:25 … 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...

2. LCRO 36/2018 AA v SM (19 December 2018) [pdf, 250 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: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. Katene-Griffith - Katene Whanau Trust (2017) 47 Te Waipounamu MB 4 (47 TWP 4) [pdf, 290 KB]

   ...of the land or the interest in the land. [14] The principles applicable to applications under s 241 were recently summarised by the Māori Appellate Court in Larkins v Kaitaia - Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). The Court stated that three important considerations emerged from the case-law:6 (a) A change of mind is usually insufficient as a ground for termination unless there is an absence of opposition; (b) Termination should be refu...

4. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ...Melanie Webb Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights Footnotes 1 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1992] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754; as well as the Supreme Court of Canada’s decis...

5. Te-Au-Reka-Capability-Model-October-2022.pdf [pdf, 1.5 MB]

   ...access reference material from within the solution to support the making of judicial decisions. Refer matters to another court Judicial officers can direct that a matter be heard next in a different location or a different jurisdiction. Where an appeal is lodged, court information from the lower court can be transferred to the appellate court. Record event information Judicial officers and registry can record information relating to events ensuring a complete court record, effectiv...

6. EMPC Courtroom advocacy essential skills 2 etiquette [pdf, 227 KB]

   ...Court-taker is “Mr or Madam Court-taker”  The interpreter is “Mr or Madam Interpreter”  The witness should be formally referred to, unless special circumstances dictate otherwise. Courtroom fashion: In the High Court, Court of Appeal and Supreme Court; a black or navy blue suit, with a white shirt or blouse, tie for men, black or navy shoes, and a gown (unless the hearing is in chambers and the Judge has dispensed with the need for gowns). In the District Court...

7. Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611) [pdf, 358 KB]

   ...error has been made in the presentation of the facts of the case to the Court when succession was made to the deceased’s Māori land interests. 1 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) 2 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 2015 Chief Judge’s MB 617 [11] Accordingly, I now grant this application and make the following orders as set out below: Orders [12] In terms of section 44(1) of Te...

8. [2012] NZEmpC 213 Turner v Talleys' Group Ltd [pdf, 101 KB]

   ...the probability of a result, it is simply not possible to say that the plaintiff has so little prospect of success that she should be required to pay security for costs at a level which will prevent her from pursuing her case where the decision appealed from does not address a number of obvious, relevant and important legal issues. [17] The fact that the plaintiff’s challenge will raise these issues for argument and decision counts against the defendant’s assertion that the plai...

9. Edwards - Aramiro and Section 1 Survey Office Plan 61863 (2023) 254 Waikato Maniapoto MB 86 (254 WMN 86) [pdf, 522 KB]

   ...the circumstances. The court may have regard to how the encroachment came to be, the conduct of the parties and any unjustified enrichment due to the wrongly placed structure (s 324). [16] In Barry Park Investments Limited v Johnson, the Court of Appeal noted that in terms of relief for wrongly placed structures, “the scope of remedies available under the [Property Law] Act are extensive”.3 The Court considered that while relief was required to be just and equitable, “orders...

10. Bennett - Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) [pdf, 163 KB]

    ...determination that the individual who has been recognised as a whāngai is not entitled to succeed. 1 Kameta v Nicholas – Estate of Whakaahua Walker [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 2 Hohua – Estate of Tangi Biddle or Hohua (2001) 10 Waiariki Appellate Court MB 43 (10 APRO 43) http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=ACT-NZL-PUB-Y.1993-4%7eBDY%7ePT.4%7eSG.!73%7eS.115%7eSS.2&...