Search Results

1. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...scope of review [126] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:55 … 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...

2. Skerrett - Taumanu A (2023) 299 Waiariki MB 93 (299 WAR 93) [pdf, 285 KB]

   ...v Māori Appellate Court, HC Wellington CP428/98, 14 September 2000 at [52], cited in Reid v Trustees of Kaiwaitau 1 Trust (2006) 34 Gisborne Appellate 168 (34 APGS 168). 14 Rudolph v Reti - Otetao B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) at [37]. 299 Waiariki MB 101 [37] In Leckie — Matauri 2K the Court noted:15 The question of what amounts to a ‘sufficient degree of support’ for an application for an occupation order (and other applications under the...

3. [2020] NZIACDT 18 - UO v Nukulasi [pdf, 92 KB]

   ...following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly...

4. Tamati – Whareongaonga 6 Block (2012) 27 Tairāwhiti MB 194 (27 TRW 194) [pdf, 124 KB]

   ...opposing the application. 27 Tairawhiti MB 200 [25] They submit that the order made by Chief Judge Williams at 2003 CJ 189- 191 on 4 September 2003 may be subject to a further application under s 44 of the Act or an application for leave to appeal out of time should be filed. [26] It is submitted that the order made by Chief Judge Williams to remedy the injustice inflicted on the Tamati whānau instead inflicted a further injustice on the beneficial owners of Whareongaonga...

5. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...basis for departing from the ordinary rules where the proceedings were difficult and hard fought, and where the applicants succeeded in the 10 [2011] Māori Appellate Court MB 64 (2011 APPEAL 64) 11 (2001) 13 Täkitimu Appellate MB 184 (13 ACTK 184) 12 (2002) 15 Whanganui Appellate MB 64 (15 WGAP 64) 13 (2008) 11 Waiariki Appellate Minute Book 249 (11 AP 249) 32 Tākitimu MB 180 face of serious and co...

6. LCRO 105/2018 SW v NL (23 August 2019) [pdf, 292 KB]

   ...scope of review [74] 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...

7. Bayne - Great Barrier Island [2016] Chief Judge's MB 764 (2016 CJ 764) [pdf, 451 KB]

   ...decision is to be distributed to all parties. Dated at Wellington this 22 nd day of August 2016. W W Isaac CHIEF JUDGE 3 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167)

8. D (D G Family Trust) v IAG New Zealand Ltd [2019] CEIT-2019-0037 [pdf, 605 KB]

   ...20(2)(a). 17 Section 20(1)(b). 18Section 20(4) and s 37(4)(b). 19 Section 22(1) and (4). 20 Schedule 2 cl 3(1). 21Section 27(1)(f) 22Section 37)2)(b) 23 Section 37(4). (k) the Tribunal may consider evidence from another claim heard by it or on appeal that it thinks relevant and applicable to the claim;24 (l) the Tribunal, on its own initiative, may seek and receive any evidence and make investigations and inquiries that it considers appropriate;25 (m) the Tribunal may decide...

9. Dorward - Omahu 1A and 1B1A Section 1 (2009) 202 Napier MB 35 (202 NA 35) [pdf, 262 KB]

   ...detennining that the land is Maorifreehold land,' or 202 Napier MB 43 (ii) Any other order is made by the Court as a consequence of which the land becomes lvfaori freehold land." [44] Haddon v Rahui Te Kuri Inc - Pakiri R (1993) 3 Taitokerau Appeal MB 178 (3 APWH 178) is the leading case on the operation of section 2(2)(f) of the Maori Affairs Act 1953. The Appellate Court, in considering the effect of the word "deemed" in section 2(2)(f), noted at paragraphs...

10. Goher v Hammadieh [2016] NZIACDT 1 (14 January 2016) [pdf, 184 KB]

    ...but provided no information regarding the nature of his complaint. It is not evident what material complaint he could have made. [9.2] He said he had not received “the rights of natural justice”, and was engaging a lawyer to represent him to appeal the Tribunal’s decision. In addition he claimed that: [9.2.1] He had not been negligent, and provided some information from his file. [9.2.2] He had not increased fees beyond his agreement. [9.2.3] He had taken reasonable steps to del...