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1. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...approach was challenged in Commissioner of Police v Andrews [2015] NZHC 745, [2015] 3 NZLR 515 (Andrews). In that case the Tribunal had declined an application by the Commissioner of Police for an award of costs against the unsuccessful Mr Andrews. On appeal by the Commissioner the High Court held: [9.1] It is open to the Tribunal to develop new guiding principles for the award of costs, principles which better reflect the jurisdiction in which the Tribunal operates. See [60]. [9.2]...

2. [2021] NZREADT 18 - Brady (28 April 2021) [pdf, 338 KB]

   ...request, we are not persuaded that a finding of a breach of r 6.3 is justified. Should Mr Brady be found guilty of misconduct under s 73 of the Act? [73] In Complaints Assessment Committee 20003 v Zhagroo, her Honour Justice Thomas considered an appeal by a Complaints Assessment Committee against a finding by the Tribunal of unsatisfactory conduct against Mr Zhagroo. The Committee contended that the Tribunal should have made a finding of misconduct.14 As to the determination wh...

3. Adlam v Reihana - Himatangi 1H1A (2022) 447 Aotea MB 1 (447 AOT 1) [pdf, 658 KB]

   ...jurisdiction the Court must be mindful of the interests of other owners in the land and has power to take into account those interests by limiting the term of the order;21 20 Rudolph v Reti – Otetao B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) at [37]. See also Sione – Te Hapua 24 (2000) 4 Taitokerau Appellate MB 275 (4 APWH 275). 21 Rudolph v Reti, above n 13, at [38]. See also Bidois – Te Puna 154D3B2B (2008) 12 Waiariki Appellate MB 102 (12 AP 102)....

4. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...Mr Pickering for the income lost over that three-month (or 13-week) period. [66] Under s 128(3) of the Act the Court also has a discretion to order an employer to pay a greater sum as compensation for lost remuneration but, as the Court of Appeal made clear in Sam's Fukuyama Food Services Limited v Zhang moderation is required in fixing awards for lost remuneration and any such award must have regard to the individual circumstances of the particular case. 4 [67] In Zhang t...

5. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 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:13 … 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...

6. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...scope of review [47] 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 tha...

7. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...uncertainty and have been required to move out of their home while the repairs had been carried out. Page | 15 [39] The decision of the High Court in Findlay Family Trust4 confirms that, in accordance with the decision of the Court of Appeal in Byron Avenue the usual award per unit for occupiers is $25,000. I am not satisfied that there is any justification for reducing what has been awarded by the Courts as the maximum bench mark for an award of general damages to c...

8. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...define what a whānau trust is. He pointed out that discretionary family trusts 5 Fenwick v Naera [2015] NZSC 68 at [180]. 6 Moke v Trustees of Ngāti Tarāwhai Iwi Trust – Ngāti Tarāwhai Iwi Trust [2019] Māori Appellate Court MB 265 (2019 APPEAL 265) at [42]. 7 Bisson v King [2020] NZHC 2426 at [46]. 8 Chris Kelly and Greg Kelly Garrow and Kelly Law of Trusts and Trustees (8th ed, LexisNexis, Wellington, 2022) at 586; see also John Burrows (ed) Land Law (online ed, Thom...

9. LCRO 275/2016 KN v YL (4 March 2019) [pdf, 277 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: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. MLC August 2022 Notification of Applications in Office of Chief Registrar 20220616 [pdf, 413 KB]

    ...Judge's MB 51-59 on 8 February 2012 - Application to the Chief Judge A20210008483 58/93 Rachel Witana Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust and an order varying a trust at 229 Taitokerau MB 133-160 (19 April 2021) - Notice of Appeal A20210008798 45/93 Josephine Wade CJ 2021/28 - Dean Wade - and a succession order made at 77 Taitokerau MB 16-23 dated 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or...