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...of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 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. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...scope of review [46] 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 tha...
...scope of review [29] 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...
...of contexts in which professional misconduct comes to be examined, it is very difficult to find cases which specifically mirror each other. The two other cases of sexual misconduct which have been considered by this Tribunal (and in one case on appeal by a Full Bench of the High Court) are Daniels14 and Horsley.15 Each of those cases resulted in a three-year suspension of the practitioner. [55] Mr La Hood submitted that the present case was more serious than each of them, so th...
...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 tha...
...the nature and extent of the duty of good faith, were obiter. I do not consider that Evans supports the proposition that there was any duty on Mr Thorp to explain the agreement. [37] McHale also needs to be seen in context. That case was an appeal from an Employment Tribunal decision to strike out the proceeding without a full hearing. The 12 Evans v Building Connexions Ltd (t/a ITM) [2012] NZERA Christchurch 2. 13 At [37] 14 McHale v The Open Polytechnic of New Zealand [1...
...thereafter adapted to avoid any detected impacts from construction works. c) Condition 61: … the construction work within the penguin breeding season will be reduced to the greatest extent practicable. Mr Gardner-Hopkins referred to the Court of Appeal decision in Gillies Waiheke Limited v Auckland City Council7 in which it was said: … the approach to the interpretation of a consent and the accompanying conditions is an objective one. That is, what would the reasonable obser...
...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 on 24 March 2014 - Application to the Chief Judge A20210008931 45/93 Renee Mary Panapa CJ 2021/29 - Tane or Tame...
...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...
...scope of review [25] 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...