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1. BORA Films, Videos and Publications Classification Amendment Bill [pdf, 104 KB]

   ...Canadian Charter, the simple answer in the New Zealand context is that there is no equivalent general "fundamental justice" right in the NZBORA. Of course, proponents of the substantive view could argue that, like Baragwanath J, the Court of Appeal might take a broader interpretation of s 25(c) NZBORA. However, we do not consider that the constitutional status of the NZBORA would support such a progressive interpretation by the Court of Appeal. Of course this does not mean that...

2. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 76 [pdf, 190 KB]

   ...Martin v Real Estate Agents Authority (CAC 407 [2017] NZREADT 14; Complaints Assessment Committee 408 v Reed [2017] NZREADT 34. requirements for properly supervising and managing a real estate business”, and a fine of $2,500, were upheld on appeal to the Tribunal.21 [34] The events to which that finding related occurred in January 2015, so post-date the transactions in the present case. The later events serve to demonstrate that Mr Goundar’s conduct in the present case was...

3. LCRO 115/2017 BV v RD and KR [pdf, 115 KB]

   ...scope of a review have been discussed by the High Court, which said of the process of review under the Lawyers and Conveyancers Act 2006 (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...

4. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...including information gathering, carrying out of building works and requiring surveys, as well as the ability to acquire land. The Bill specifies a process for determining compensation for the taking of land and demolition of buildings, and a process for appeals of specified decisions under the Bill. The Bill also empowers the Governor-General to make Orders in Council that grant exemptions from, modify, or extend any provisions of any Act for a purpose of the Bill (except for specified...

5. LCRO 8/2014 HTO v AG [pdf, 216 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 that...

6. LCRO 68/2017 GM v BN (6 July 2017) [pdf, 219 KB]

   ...scope of review [15] 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 that...

7. LCRO 192/2015 VH v RM [pdf, 116 KB]

   ...nature and scope of a review have been discussed by the High Court, which said of the process of review under Lawyers and Conveyancers 2006 (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 fo...

8. [2018] NZEmpC 16 Nathan v Broadspectrum (New Zealand) Ltd [pdf, 293 KB]

   ...undertaking any training Broadspectrum required of him. [4] Although Mr Nathan was reinstated in October 2016 he has not been able to resume duties as a linesman on the faults crew at any time from then until now. [5] Broadspectrum sought leave to appeal the judgment of 28 October 2016 and applied for a stay until that application was concluded. On 5 December 2016 a stay was granted pending the outcome of Broadspectrum’s application.3 A condition of the stay was that Mr Nathan re...

9. LCRO 47/2014 HJ v GK [pdf, 93 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 that...

10. Simpkin - Petane Marae (2016) 51 Taitokerau MB 70 (51 TKT 70) [pdf, 324 KB]

    ...considers what remedy is appropriate. The prima facie rule is that a landowner is 8 Taueki v Horowhenua Sailing Club - Horowhenua 11 (Lake) Block [2014] Māori Appellate Court MB 60 [2014 APPEAL 60] http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2014/taueki-v-horowhenua-sailing-club-2014-maori-appellate-court-mb-60-2014-appeal-60/view http://www.justice.govt.nz/courts/ma...