Search Results

1. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

   ...paid for the house, and what the next lowest bidder was prepared to pay”. [58] [Law firm B] referred to matters relating to causation to dispute the possibility of any order for compensation being entertained. They then refer to the Court of Appeal judgment in Roberts v Jules Consultancy Limited (in liquidation).12 In that case, the Court held that “the normal measure of loss in such a case (often termed a “no transaction” case) is the difference between the price paid and th...

2. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...died and that Mr YO and Ms SM were appointed executors of Mrs TM’s will. Nature and scope of review [36] The High Court has described a review by this Office in the following way:15 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...

3. Auckland Standards Committee v Stirling [2010] NZLCDT 4 [pdf, 224 KB]

   ...authority of Atkinson v Auckland District Law Society (NZLPDT: 50/8/90, N Marque, Chair) preferring the approach in Australia in relation to a medical practitioner; Pillai v Messiter (No. 2) (1989) NSWLR 197, 200, a decision of the Australian Court of Appeal. In the C decision [33] the Court held: “To conclude, the Atkinson test adopted by the Tribunal incorrectly includes within the definition of professional misconduct falling within s.112(1)(c) and in other respects, is not par...

4. Ministry of Justice Annual Report 2020-21 [pdf, 6.4 MB]

   ...We are over 4,000 people working across Aotearoa. We host the Joint Venture Business Unit and are part of the Joint Venture, Family Violence Sexual Violence. We support the judiciary to deliver court services for the Supreme Court, Court of Appeal, High Court, District Court and Specialist Courts. We also provide support to 28 tribunals in New Zealand. We contract with over 2,000 community-based and non-governmental service providers to support people moving through the just...

5. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...employment”? [33] Whether what Talley’s describes as “seasonal employment” is what is known in employment law as fixed term employment, is a fundamental issue in the case. This issue has not been addressed previously, at least in this Court or on appeal from it, in relation to the fish processing industry. Talley’s claims that the employment of Mrs Turner was of a “seasonal” nature rather than of indefinite duration, but was not “fixed term” employment. It says th...

6. Haimona v The Trustees of Te Karaka No.1A Ahu Whenua Trust - Te Karaka No.1A [2015] Chief Judge's MB 228 (2015 CJ 228) [pdf, 334 KB]

   ...by the Court, notwithstanding that the description of any parcel or parcels in such orders may not have been formally amended; and the District Land Registrar shall issue certificates of title according to such plan when sighed by the Judge. No appeal shall lie from any amendment or variation of any order under this section. [28] Sections 44-45 of Te Ture Whenua Māori Act 1993 read as follows: 44 Chief Judge may correct mistakes and omissions (1) On any application made unde...

7. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...chattel. There is no ability to succeed to any such order, it not being an interest in land and the order is treated as being personal to the holder and lapsing on death. 14 (2007) 7 Whangarei Appeal MB 19 (7 APWH 19) 318 Aotea MB 230 Anyone who wishes to sustain a further claim for the house needs to apply for another order. [53] More recently in Stock v Morris – Wainui 2D2B Judge Ambler acknowledges that there is competing...

8. Andrews v Commissioner of Police [2013] NZHRRT 6 [pdf, 121 KB]

   ...Commission at [6]: 6 Defendants have made recent use of the Official Information Act 1982 to obtain information from the police or other prosecuting agency which might bear upon an alleged offence. The practice has developed since the Court of Appeal held in Commissioner of Police v Ombudsman [1988] 1 NZLR 385 that the right under the Act to “official” or “personal” information could be used for purposes of a pending trial. However, the Act is unable to meet all the needs of d...

9. McQuade v Young & Ors as Trustees for the Maureen Young Family Trust [pdf, 136 KB]

   ...essentially supervisory and I think that the responsibility should be treated as being significantly less than that of the principal author of the damage. 8.10 In the case of Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 the Court of Appeal considered a similar situation, where the owner of a defective building succeeded against the builder and the local authority.The Court apportioned responsibility between these two defendants as 80% to the Builder and 20% to the C...

10. LCRO 127/2017 EZ v UO [pdf, 265 KB]

    ...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: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...