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1. [2024] NZREADT 03 - KN v REAA (21 February 2024) [pdf, 163 KB]

   ...consideration; or (d) was plainly wrong. [18] It was submitted by the Registrar that, subject to these limitations, the Registrar’s decision must be confirmed, even if the Tribunal might come to a different decision on the merits if it was a general appeal. [19] We accept the Registrar’s submissions as to the nature of this review. We will, in deciding whether these limited grounds of review have been made out, need to make some assessment of the merits, without reaching any...

2. LCRO 137/2023 & 138/2023 FK v QT and LM (28 February 2025) [pdf, 173 KB]

   ...scope of review [20] 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...

3. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

   ...scope of review [28] 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...

4. [2025] NZEmpC 187 Santamaria v Television New Zealand Ltd [pdf, 206 KB]

   ...demarcation questions between those issues to be addressed at the first trial and those left for the second? (b) Will the separate question bring the proceedings to an end? (c) What potential time saving does the separate question offer? (d) How would appeals be dealt with? (e) Are there any other practical considerations tending one way or the other? [39] The first question was described by the Court as the single most important one and involves looking at what is pleaded, what...

5. [2025] NZREADT 45 - Montagna v REAA (3 November 2025) [pdf, 131 KB]

   ...compliance with ss 134 and 135 of the Act. [44] Counsel for the Committee in its reply submissions disagreed with counsel for the Committee’s submissions that Ms Montagna was legally entitled to keep the commission and submit that the Court of Appeal decision in Goldline Properties Ltd v Marsh9 confirms their position that the commission is payable to JS. Ms Montagna [45] Counsel for Ms Montagna refer to the Lowndes and Zhang decisions and submit that neither of these decisions...

6. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 10 (9 April 2024) [pdf, 118 KB]

   ...of a lawyer, and on a more part time basis. We do not see Mr U as having already undertaken a true suspension. Similar cases [32] The two closest cases which were the subject of discussion were Orlov,5 and Schlooz.6 As noted in the Schlooz appeal, it is “…not possible to superimpose cases with entirely different contexts and varieties of misconduct upon each other to form some form of template for penalty imposition”.7 However, in an effort to maintain, as far as possible...

7. [2012] NZEmpC 31 RHB Chartered Accountants Limited and Brown and Wilkins v Rawcliffe [pdf, 184 KB]

   ...that mediation should be taken into account when determining costs. He noted the difficulties with reg 68 which, while not excluding an award of costs for mediation, hardly facilitated it. 25 And Judge Ford recognised 26 that the Court of Appeal has observed that mediation is confidential because it allows the parties to 22 At [2]. 23 Naturex at [22]. 24 At [23]. 25 At [25]. 26 At [27]. “bare their so...

8. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...order in favour of a non-owner. However, an order vesting interests in the land or a right to possession of the land (or part of it) in favour of a non-owner will likely offend the kaupapa and provisions of the Act. Although in Grace the Court of Appeal did not completely rule out that possibility. Where the Court concludes that a non-owner is entitled to equitable relief, the Court will in the first place look to awarding monetary compensation. If monetary compensation is inapp...

9. Kereopa v Gray – Aramiro Trust (2016) 113 Waikato Maniapoto MB 245 (113 WMN 245) [pdf, 233 KB]

   ...at any time, in respect of any trustee of a trust to which this section applies, enforce the obligations of his or her trust (whether by way of injunction or otherwise). [22] In Proprietors of Mangakino Township v Māori Land Court, the Court of Appeal noted that this Court has extensive powers in relation to trusts. 15 In a review of trust, the Court generally concentrates on higher level policy issues rather than day to day 15...

10. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

    ...parties, it was removed into the Court for hearing in the first instance. 1 The basis for removal was that the case raised an important question of law. This was said to be the extent to which arguably contradictory decisions of the Court of Appeal applied to the collective agreements in question. Background and summary of events [4] Alliance operates meat processing plants throughout the South Island and in the southern part of the North Island. [5] The terms and conditions...