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1. FE v MB LCRO 328/2012 (23 February 2015) [pdf, 70 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 [32] Mr FE and his lawyer attended a review hearing in [city...

2. 2009-10 to 2011-12 Ministry of Justice statement of intent [pdf, 528 KB]

   ...Treaty Negotiations. OPERATIONAL SERVICES The Ministry delivers the following operational services for all New Zealanders on behalf of the Government: 8 administration, case management and support services to the Supreme Court, Court of Appeal, High Court and District Courts, including the Family Court and Youth Court resolution of court-imposed monetary penalties (including reparations) and infringement fines issued by prosecuting authorities, enforcement and completion of c...

3. 2019 Directory of Official Information A-C [pdf, 1.3 MB]

   ...Authorities • Physical Sciences • Medical Testing • Metrology and Calibration • Radiology Services. Chairpersons of each PAC are members of the Accreditation Advisory Committee (AAC). The AAC and/or the Council may adjudicate any appeals arising from IANZ accreditations. Records Records are maintained on client registrations, assessments, reports and correspondences. A directory of IANZ accreditations is maintained and made available for public viewing on www.ianz.go...

4. Kartikeya v Fernyhough [2014] NZIACDT 44 (03 April 2014) [pdf, 239 KB]

   ...Registrar has expressed the view that the decision in Geldenhuys v Yap DC Christchurch, CIV 2013-009-001684, 28 January 2014 is potentially relevant to the determination of the present complaint. [17] The Geldenhuys decision is presently subject to an appeal to the High Court. [18] The Registrar has sought to be heard on the potential implications in the present matter. [19] Counsel for the complainant opposed the application on the grounds the effect of the decision has little or no r...

5. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...following way:7 4 NR’s supporting reasons (4 May 2021) at [1]. 5 At [3]. 6 Email from JM to LCRO (9 June 2021). 7 Deliu v Connell [2016] NZHC 361, [2016] NZAR 475 at [2]. 4 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

6. Director of Human Rights Proceedings v Slater [2019] NZHRRT 13 [pdf, 717 KB]

   ...to the conclusions contained therein. The decision in the present case to admit in evidence the judgment of Asher J is therefore supported by authority. [13] On the question of weight, it must be noted that while Mr Slater was granted leave to appeal against the decision of Asher J (see Slater v Blomfield [2015] NZCA 240), he was also required to pay security for costs by 28 August 2015. An application by Mr Slater for leave to adduce further evidence was dismissed in Slater v Blomfiel...

7. Albert v Winitana - Heiotahoka 2B, Te Kopani 36 and Te Kopani 37 Ahu Whenua Trust (2015) 52 Tairawhiti MB 136 (52 TRW 136) - (PDF, 212 KB) [pdf, 212 KB]

   ...duties as a trustee. (2) The Court may at any time, in respect of any trustee of a trust to which this section applies, enforce the obligation of his or her trust (whether by way of injunction or otherwise.) [17] In Rameka v Hall the Court of Appeal underscored the relevant duties of trustees. I adopt the principles set out in that decision. 6 The Court has extensive powers when considering an application for the enforcement of obligations. Initially the Court may require tr...

8. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...settle or mediate the dispute between the persons. [28] Ms Russell submitted: 31. The meaning of “dispute” for the purpose of the common law version of the privilege protecting settlement negotiations was considered by the UK Court of Appeal in Barnetson v Framlington Group Ltd [2007] 1 WLR 2443. The Court stated at [34] that: ...the crucial consideration would be whether in the course of negotiations the parties contemplated or might reasonably have contemplated litig...

9. ZQN Apartments TRI 2021-100-001 Procedural Order 9 [pdf, 225 KB]

   ...building work (as defined) then it is subject to the long stop period. I see no need for the Act to go further and specify that it applies to claims for contribution as well as to claims by plaintiffs. [38] Courtney J highlighted the Court of Appeal’s observations in Johnson v Watson (in the context of alleged concealment by fraud) as to the wording of s 91(2) in support:13 [8] … Section 91(2) is … concerned with the act or omission on which the proceedings are based. An a...

10. [2013] NZEmpC 234 Gazeley v Oceania Group (NZ) Ltd [pdf, 320 KB]

    ...… that the focus of the Court’s inquiry must be upon the employer’s actions and how the employer acted. The Court must be 7 [2011] ERNZ 207. The approach adopted by the Court was approved on appeal in Air Nelson Ltd v C [2011] NZCA 488. The Court of Appeal stated at [19] of its judgment: “Section 103A requires the Court to undertake an objective assessment both of the fairness and reasonableness of the procedure adopted by...