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1. LCRO 74/2017 SD v TM (31 January 2019) [pdf, 218 KB]

   ...scope of review [36] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … 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...

2. [2023] NZREADT 16 - CAC 1901 v KC (3 July 2023) [pdf, 158 KB]

   ...fined her $2,000 ($1,000 for each breach) and ordered her to pay costs of $1,395 to the purchasers. [6] The liability decision of the Committee was upheld by the Tribunal (differently constituted from the current panel) on [date]. It left open an appeal by the purchasers and a cross-appeal by the defendant against the Committee’s penalty orders. This was because the Tribunal referred back to the Committee consideration of whether misconduct charges should have been brought agains...

3. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee without good reason. [13] In Deliu v Hong it was noted that a review is:3 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

4. TH v CY LCRO 32/2014 (14 October 2016) [pdf, 94 KB]

   ...and Scope of Review [18] 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...

5. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

   ...and 105 of the Human Rights Act. Section 105 requires the Tribunal “to act according to the substantial merits of the case, without regard to technicalities”. That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal del...

6. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...on hand 7 Crown Law case volumes will rise slowly Crown Law handles serious court cases that require the participation of Crown solicitors. The number of Crown Law cases is small and volatile, especially for High Court jury and Court of Appeal cases, and this can lead to large percentage changes between time periods. * Forecast as at March 2017, though comparisons to the December quarter are based on the March 2016 forecast. Crown Law case disposals are now projected to...

7. [2019] NZEnvC 042 Alliance Group Limited v Otago Regional Council [pdf, 451 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 42 of the Resource Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act ALLIANCE GROUP LlMTIED (ENV-2016-CHC-112) and other appeals listed in the schedule on the last page Appellants OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Hearing: In Chambers at Christchurch Date of Decision: 1...

8. LCRO 116/2015 QO v Standards Committee (14 June 2018) [pdf, 208 KB]

   ...applications for review. [9] 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...

9. GA & BD v X SC LCRO 186/2013 (5 May 2014) [pdf, 154 KB]

   ...concerned. The scope of this review [45] The role of this Office, when considering a review of a decision to lay charges against a practitioner before the Lawyers and Conveyancers Disciplinary Tribunal, was the subject of comment by the Court of Appeal in Orlov v New Zealand Law Society, where the Court held that there was no threshold test to meet before matters could be referred to the LCDT.16 [46] Part of the Court’s reasoning was that the threshold test which previously exis...

10. [2021] NZACC 172 – Shaftyat v ACC (5 November 2021) [pdf, 409 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 172 ACR 9/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SOHEL SHAFTYAT Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 23 August 2021 Heard at: Via telephone Appearances: Mr M Darke for the appellant Ms B Johns for the respondent Judgmen...