Search Results

1. Mau Whenua Incorporated - Port Nicholson Block Settlement Trust (2020) 419 Aotea MB 112 (419 AOT 112) [pdf, 271 KB]

   ...this Court has jurisdiction over trusts that hold General land owned by Māori per s 236(1)(c) of the Act.3 3 Moke v Trustees of Ngāti Tarāwhai Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265). 419 Aotea MB 118 [16] Because the Court has jurisdiction over the Trust per s 236(1)(c), s 237(1) applies. It provides: 237 Jurisdiction of court generally (1) Subject to the express provisions of this Part, in resp...

2. MBL v Shadforth [2016] NZIACDT 26 (18 May 2016) [pdf, 189 KB]

   ...who had worked at MBL Limited, and whose visa recently expired. In addition, an internet search would disclose Client B’s identity. Jurisdiction [10] Initially the Registrar did not forward this complaint to the Tribunal; however, Mr MBL appealed successfully against that decision. [11] The basis for deciding the appeal was that the Tribunal should hear the case, as there were arguable grounds. The Tribunal noted no issues were finally determined, and this complaint is heard...

3. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...District Plan ("CROP") process. The CROP process was established with an Order in Council made pursuant to the Canterbury Earthquake Recovery Act 2011. This involved modification of the standard plan change process under the Act, with appeal rights being limited to questions of law only.'2 [10] The Order in Council had restricted the ability of the Council to initiate a plan change under Schedule 1 of the RMA. The Order in Council was revoked from 18 March 2019,13 t...

4. LCRO 234/2017 and 172/2018 YA and XB v WD and VS (9 April 2019) [pdf, 242 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:4 … 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...

5. LCRO 94/2019 EL v UD (15 May 2020) [pdf, 190 KB]

   ...scope of review [23] 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 that...

6. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 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: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 that...

7. JK v SY LCRO 271/2013 (9 September 2016) [pdf, 76 KB]

   ...and 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: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...

8. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 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: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...

9. LCRO 70/2018 AR v NM (10 April 2019) [pdf, 212 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:4 … 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. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

    ...of persons for whose benefit the reservation is made, and may from time to time, as and when it thinks fit, appoint a new trustee or new trustees or additional trustees. [19] The leading authority on the appointment of trustees is the Court of Appeal decision Clarke v Karaitiana. In that judgment the Court confirmed:9 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual conc...