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1. Welsh - Taiharuru 4C3 (2012) 2012 Chief Judges MB 398 (2012 CJ 398) [pdf, 178 KB]

   ...justify an order under s 44(1). Discretion [35] I am mindful of the provisions of s 48(1) of the Act: 48 Matters already finished or pending (1) No order made by the Chief Judge under s 44 of this Act, or made by the Appellate Court on appeal from any such order, shall take away of affect any right or interest acquired for value and in good faith under any instrument of alienation registered before the making of any such order. [36] This is not a bar to the Chief Judge...

2. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...other situations where an employee had mistakenly relied on an agent to ensure that a grievance was notified in time were readily treated as establishing “exceptional circumstances”. [56] Referring to the earlier judgment of the Court of Appeal in Wilkins & Field Ltd v Fortune in which the phrase appeared in materially the same form, the Supreme Court in Creedy noted: In Wilkins & Field, the Court of Appeal treated “exceptional circumstances” as those which are...

3. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...scope of review [23] 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 that...

4. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...Minister’s Chief Advisor) p 5. (www.pmsca.org.nz) 8 Section 5(2)(c) RMA. 9 Section 31(1). 10 There is a difference in the wording of the functions about natural hazards of territorial authorities and regional councils. However the Court of Appeal said early on that the difference is immaterial: Canterbury Regional Council v Banks Peninsula District Council [1995] 3 NZLR 189 at 195. Judge Jackson  Predictions in an Uncertain World – assessing effects under the Resource M...

5. LCRO 57/2021 FC v HS, FM and QP (8 September 2023) [pdf, 224 KB]

   ...under reg 29, it was precluded from considering the fees complaint unless special circumstances justified otherwise. 6 [33] The Committee cited two relevant judicial comments about the meaning of “special circumstances” from the Court of Appeal decision in Cortez Investments Ltd v Olphert & Collins,7 namely: (a) by Woodhouse P, that “special circumstances would be met where aspects of the facts seems to indicate a problem which had relatively unusual features while reas...

6. LCRO 13/2024 OB and HG v NC (12 June 2024) [pdf, 228 KB]

   ...The balance funds of the estate were distributed to the applicants shortly after the High Court held that no interest was owing, meaning that the estate had no potential liability for income tax on interest income. 2 So named for the Court of Appeal decision in Re Marshall (deceased) [1965] NZLR 851. 5 [25] The applicants as beneficiaries were dissatisfied with the manner in which the estate had been administered by the respondent as executor and with the quality and value of th...

7. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...scope of review [36] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:10 … 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...

8. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...must notify the person whose travel documents have been cancelled of the recommendation of the Commissioner of Intelligence Warrants, the reasons for it, and the outcome of the Minister’s reconsideration. The decision of the Minister is subject to appeal and judicial review. The objective of restricting movement of FTFs is proportional to the protection of national security, public order and the rights and freedoms of others. The UNHRC also notes that restrictions on liberty of movement...

9. LCRO 157/2020 SA v RB (27 May 2022) [pdf, 146 KB]

   ...audio-visual means on 12 May 2022. In attendance were S, Mr KC and Mr RB.11 Nature and scope of review [24] The High Court has described a review by this Office in the following way:12 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

10. BORA Social Security (Stopping Benefit Payments for Offenders who Repeatedly Fail to Comply with Community Sentences) Amendment Bill [pdf, 288 KB]

    ...options other than prosecution in attempting to get a person to comply with a community-based sentence or instruction, and when that person has in fact breached or failed to comply with that sentence or instruction. b. Although there is no right to appeal, the Department must issue two written warning notices before they can instruct the Ministry to withhold the benefit and an affected beneficiary may bring judicial review proceedings in respect of the Department’s decisions. 19....