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...process of review under the Act:3 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 7 … 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...
...Hearing: 8 June 2016 (Heard at Kaitaia) Judgment: 30 June 2016 RESERVED JUDGMENT (NO 3) OF JUDGE D J AMBLER 132 Taitokerau MB 121 Introduction [1] In dismissing the appeal against my decision of 9 March 2015 constituting the Ngākahu–Ngākohu Ahu Whenua Trust (“the Trust”) and appointing interim trustees, 1 the Māori Appellate Court directed a review of the performance of the trustees pursuant to...
...disciplinary issue. Mr JW and Ms IB had undertaken research and applied themselves to the legal issues, including fulfilment of the condition. It also noted the firm’s view that the High Court interim decision preserving the caveat could have been appealed, albeit at a cost. [31] The Committee found that the firm had not issued invoices substantially in excess of $10,000. As the Committee’s jurisdiction extends to bills that have been rendered, not proposed, the Committee concl...
...scope of review [33] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...
...section 17 of the Act. [34] In oral submissions Ms Kingi referred to Te Uranga B2 Incorporation 14 Aotea Appellate Minute Book 98-108. She attempted to distinguish that decision of the Maori Appellate Court on the basis that the decision was an appeal against the decision of the lower Court which redefmed the objects of the Incorporation to conform with section 2S3(a) and (b) of Te Ture Whenua Maori Act. The. lower Court also included a provision limiting the Incorporation so that i...
...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: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 tha...
...principles again in this judgment. 5 [2019] Chief Judge’s MB 1029-1043 (2019 CJ 1029-1043). 6 [2009] Chief Judge’s MB 209-225 (2009 CJ 209-225). 7 [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2019 Chief Judge’s MB 349 [37] However, for the benefit of the parties, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented or in the i...
...[19] On 18 August 2016, a review hearing in respect of Aon’s decision not to extend cover to Ms Layton’s further lumbar injury was held by Fairway Resolution Ltd. On 29 4 August 2016, a decision was issued upholding the decline. Ms Layton appealed this decision (unsuccessfully) to the District Court. [20] On 30 August 2016, the OPC advised its final decision on Ms Layton’s complaint. This was that there had been an interference with Ms Layton’s privacy. The final deci...
...conclusion that there is a clear legislative purpose to limit the Court’s jurisdiction to assist resolving representation disputes to only situations where the membership of the class or group of Māori are exclusively Māori. (e) The Court of Appeal in McKenzie v Attorney General held that “grammatical meaning must yield to sufficiently obvious purpose.”8 The purpose of s 30 is to provide a mechanism for the resolution of disputes as to representation among Māori, and s...
IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 054 ACR 199/20 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN MARIA JOHNSTON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 28 March 2024 Held at: Hamilton/Kirikiriroa Appearances: L Findlater for the Appellant M Gall for the Accident Compensation Corporation...