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1. INZ v BUH [2013] NZIACDT 45 (01 August 2013) [pdf, 86 KB]

   ...by the Registrar is that the adviser breached clause 2.2 of the Code. That provision prescribes a mechanism for licensed immigration advisers to deal with clients seeking to lodge unfounded applications. It provides: “If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must: a) encourage the client not to lodge it; and b) advise the client in writing that, in the adviser’s opi...

2. [2014] NZEmpC 83 Wilson v Wilson [pdf, 198 KB]

   ...Act (which relates to the manner in which a company may enter into contracts and other obligations), a company may use a generally recognised abbreviation of a word or words in its name if it is not misleading to do so. … [54] The Court of Appeal considered s 25(2) in Clarence Holdings Ltd v Hall. 21 In that decision, McGrath J stated: [39] The general policy of s 25 of the 1993 Act … is first, every company should state its name clearly and accurately in its written com...

3. [2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd [pdf, 145 KB]

   ...was observed by (now) Chief Judge Inglis, in Udovenko v Offshore Marine Services (NZ) Ltd, an overly technical approach is not to be taken on this issue, as this would enable form to trump substance. The Court referred to dicta of the Court of Appeal that parties should have every opportunity to ensure that the real controversy goes to trial, enabling the just determination of the proceeding. [11] In that particular case, the Court was required to consider an application for leav...

4. LCRO 223/2020 LD v BD and HW (27 May 2021) [pdf, 219 KB]

   ...scope of review [64] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act: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 that...

5. Amendments to Te Ture Whenua Maori Act 1993 December 2020 [pdf, 891 KB]

   ...individualised. Provisions regarding landlocked land have also been updated. The Court can take account of a broader range of factors when granting an order for reasonable access to landlocked Māori land, which can help whānau gain access to their whenua. Appeals about landlocked land will also be heard by the Māori Appellate Court rather than the High Court. To support how the Māori Land Court functions, judges will be able to appoint experts in tikanga Māori and whakapapa as addit...

6. WA v XB LCRO 130/2012 (18 March 2015) [pdf, 33 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. Discussion [19] The decision records the Committee’s consideration of th...

7. [2020] NZREADT 14 - Rogers (20 March 2020) [pdf, 139 KB]

   ...review by the Tribunal. Outcome [25] Ms Rogers’ application for review is dismissed. [2020] NZREADT 14 - Rogers [26] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ___________________ Mr G Denley Member...

8. 13 September 2016 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 253 KB]

   ...Coastal Environment Plan - Planning, use and development in the coastal environment – providing for tangata whenua aspirations – Motiti Rohe Moana Trust ENV-2016-348-000040 Motiti Rohe Moana Trust v Bay of Plenty Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Court Reference: ENV-2015-AKL-000134 1. i. Topic:

9. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

   ...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: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 that...

10. EGX v BSL [2011] NZIACDT 17 (6 July 2011) [pdf, 75 KB]

    ...information which identifies either the Complainant or the Adviser will be removed, and the decision will be published in that form. That direction will reserve the right for any party to apply for a different order in a particular case. [19] The Court of Appeal in R v Liddell [1995] 1 NZLR 538, 546 per Cooke P said in relation to the question of name suppression: “The starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings and the r...