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1. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

   ...reason, s 45 applications must be accompanied by proof of the flaw identified, either through the production of evidence not available or not known of at the time the order was made or through submissions on the law. [12] Finally, the Court of Appeal has recently confirmed, the power under s 44(1) falls into two parts:11 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the court...

2. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...of amendments to precincts PC4 as notified proposed minor amendments to the I410 Drury South Industrial Precinct and Appendix I410.11.1. One submission in support as it related to those provisions was received from Drury South Limited. While appeals were received on the PC4 decision no appeals related to the Precinct or the Appendix. PC4 was made operative on 14 February 2020.7 (e) The issue in terms of compliance with the requirements of cl 25(2)(b) and cl 26(1) of Schedule 1...

3. [2021] NZEnvC 160 Auckland Council [pdf, 609 KB]

   ...of amendments to precincts PC4 as notified proposed minor amendments to the I410 Drury South Industrial Precinct and Appendix I410.11.1. One submission in support as it related to those provisions was received from Drury South Limited. While appeals were received on the PC4 decision no appeals related to the Precinct or the Appendix. PC4 was made operative on 14 February 2020.7 (e) The issue in terms of compliance with the requirements of cl 25(2)(b) and cl 26(1) of Schedule 1...

4. LCRO 59/2021 RY v QX (21 December 2022) [pdf, 255 KB]

   ...scope of review [54] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:18 … 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...

5. 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...

6. BD & ND v Southern Response Earthquakes Services Ltd [2022] CEIT-2020-0015 [pdf, 381 KB]

   ...visibility of the protrusion detracts from the classical look of the house. BD commented that the use of the area around the house as flower beds is a feature of houses built in this period. ND referred to the slab detracting from the character and appeal of the 12 house, and referred to the difficulties that the slab causes for gardening. She comments that they used to have gardens all around the house. [31] In cross-examination Ms Paterson asked the applicants whether the...

7. 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...

8. LCRO 183/2021 WB v XD (22 July 2022) [pdf, 202 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: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 that...

9. LCRO 53/2021 ST on behalf of the Executors of the Estate of KK v QM, WP, RS and DJ of ABC Law Limited (9 March 2022) [pdf, 274 KB]

   ...in Deliu v Connell where the Court said a review “involves the LCRO coming to his or her own view of the fairness of the substance and process of a Committee’s determination”.33 [37] [Law firm B] submit that this is confirmed by the Court of Appeal in Keene v Legal Complaints Review Officer where it was said that the primary obligation of the LCRO is to “exercise their own judgment about the appropriate determination to make in respect of a complaint, having regard to all relevan...

10. Neemia v International Waste Ltd [2021] NZHRRT 32 [pdf, 182 KB]

    ...aware that Mr Neemia was subject to a number of disciplinary investigations as he was kept appraised in similar ways when other employees were subject to these procedures. Mr Richardson confirmed that under company procedures Mr Neemia could have appealed any of the disciplinary decisions to him, but he never did so. [37] Mr Richardson said he was frequently at the site where Mr Neemia worked and at times would stop and chat with him as he did with all staff, and said that these interac...