Search Results

1. LCRO 182/2014 DL v SJ, GS and PQ [pdf, 292 KB]

   ...Scope of Review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … 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. Beniston v Subritzky - Estate of Huhana Subritzky [2016] Chief Judge's MB 178 (2016 CJ 178) [pdf, 366 KB]

   ...in law because of any mistake or omission on the part of the Court or the 13 Muraahi v Phillips – Rangitoto Tuhua 55B1B and 55B1A2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528). 2016 Chief Judge’s MB 198 Registrar or in the presentation of the facts of the case to the Court or the Registrar, cancel or amend the order or certificate of confirmation or make such other order or issue such certifi...

3. LCRO 50/2020 M and N PQ v WR (23 April 2021) [pdf, 276 KB]

   ...scope of review [51] 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 that...

4. LCRO 228/2016 SP v QH (27 June 2019) [pdf, 324 KB]

   ...scope of review [21] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

5. LCRO 181/2019 SL v GB (29 January 2021) [pdf, 281 KB]

   ...scope of review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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...

6. LCRO 210/2018 RF v TG (27 August 2020) [pdf, 231 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

7. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...discussed by the High Court, which said of the process of review under the Act:1 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 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...

8. [2021] NZEmpC 95 Concrete Structures (NZ) Ltd v Rottier [pdf, 365 KB]

   ...On the facts, health and safety considerations may prove pivotal – but the analysis must take into account all the circumstances including any procedural issues. 11 Air New Zealand Ltd v Samu [1994] 1 ERNZ 93 (NZEmpC) at 95, confirmed on appeal in Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA). 12 Health and Safety at Work Act 2015, ss 16, 61(3)(g) and 97; Employment Relations Act 2000, ss 103(j)(ii) and 110A. 13 Hooper v Coca-Cola Amatil (NZ) Ltd [2012] NZEmpC 11, (20...

9. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

    ...there was fraud, however, the evidence needs to be strong. For instance, if the evidence is circumstantial, any inferences must strongly point towards there being a single likely explanation for the events.5 [28] In Taylor v Asteron, the Court of Appeal considered the remedies available if fraud is found. The Court considered fraudulent claims cases and found that:6 (a) the rule against fraud is a term requiring honesty in connection with claims, implied by law into insurance contr...