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1. CA v BD LCRO 31/2012 (5 December 2014) [pdf, 45 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 [15] The parties attended a review hearing in [city] on 16...

2. Auckland District Law Society v J [2010] NZLCDT 24 [pdf, 301 KB]

   ...His Honour Lang J on 4 June 2008. By that time counsel for the developer, having strongly resisted the claim for two years was granted leave to withdraw and the matter proceeded on an undefended or default basis. Thus on 4 June 2008 when Mr C appealed for the contractor before His Honour Lang J the judgment was given by default in the sum of $298,004.63 together with interest of $197,857.12, a total of $495,861.75 (clearly significantly in excess of the original amount in dispute)...

3. 2021-02-22 Minute - PC8 - Willowridge Developments Ltd - s 281 application [pdf, 223 KB]

   ...where Judge Hassan considers questions of whether s 274 applies should be viewed not with a view to legal nicety, but with the view that submitters and intended parties are “intended to be given a fair opportunity to continue to be heard in plan appeals related to the matters or topics that their submission addresses”. This view is supported by earlier High Court authority albeit in respect of different provisions: see Countdown Properties (Northlands) Ltd v Dunedin City Council...

4. Supplementary Order Paper on Taxation (Annual Rates for 2020-21, Feasibility Expenditure and Remedial Matters) Bill [pdf, 182 KB]

   ...2 Section 20E, 20F and 20G relate to the disclosure of tax advice documents, which under s 20B do not need to be disclosed. 3 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). The Court of Appeal has confirmed that every person has a general common law right to refuse to answer questions posed by an official: Taylor v New Zealand Poultry Board [1984] 1 NZLR 349 (CA); Paul Rishworth et al. The New Zealand Bill of Rights (Oxford Unive...

5. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 30. Whe...

6. ND v SE LCRO 197/12 (24 June 2015) [pdf, 167 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 [13] Mr ND attended a review hearing in [City] on 22 June...

7. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

   ...out in ss 134 to 137 of the Act. Such training is to be completed within six months of the date of this decision. [38] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. _________________ Hon P J Andrews Chairperson ________________ Mr G Denley Member _______________...

8. Auckland Standards Committee v Holmes [2011] NZLCDT 31 [pdf, 94 KB]

   ...response to a question from the Tribunal, Mr Pidgeon said in his opinion the offending in this matter was less serious than that of W in the recent High Court case1 which related to breach of an undertaking. In that case the NZLS had successfully appealed a decision of the Tribunal which had determined that the conduct had not reached the threshold of misconduct. The High Court found W was guilty of negligence or incompetence in his professional capacity that has been of such degre...

9. Hautapu - Kopuatarakihi 1C2B2 (2004) 159 Gisborne MB 96 (159 GIS 96) [pdf, 1.8 MB]

   ...tmstees and I or more custodian trustees. " (Emphasis added) Minute Bool<: 159 GIS 101 Case Law In the judgment The Proprietors of Mangakino Township v The Maori Land Court and Anal' (CA 65/99, 16 June 1999, Wellington) the COUlt of Appeal stressed the broad powers of this COUlt in respect of trusts, Blanchard J, in delivering the judgment of that COUlt at 1'1'9-10 stated that the Maori Land COUlt " '" is expressly given in s237 in respect of a...

10. Bidois - Estate of Hikairo Paul (2016) 152 Waiariki MB 298 (152 WAR 298) [pdf, 341 KB]

    ...entire Will void and the interests of the deceased can be dealt with by subsequent complying provisions in the Will. Nicholas v Kameta - Estate of Vlhakaahua Vlalker Kameta, Te Fuke 2A2A3B 1 and 2A2A3B2 [2011] Maori Appellate Court lv1B 500 (2011 APPEAL 500). Southon v Southon -- Estate Tame Raihania Sal/than [2008] Chief Judge's lv1B 28 (2008 CJ 28). Ibid at [22]-[23] 152 Waiariki MB 303 [20] Chief Judge Isaac subsequently determined that in the case before him the entire Wi...