Search Results

1. [2015] NZEmpC 225 Lumsden v Skycity Management Ltd [pdf, 206 KB]

   ...provision for part of a matter to be dismissed, as it would likely give rise to the sort of disruptions to Authority investigations, and associated delays, which provisions such as s 179(5) and 184(1A) are designed to prevent. As the Court of Appeal in Employment Relations Authority v Rawlings observed with reference to s 179(5): 9 7 Emphasis added. 8 See s 178(1). 9 Employment Relations Authority v Rawlings [2008] NZCA 15, [2...

2. CAC 20006 v Richardson [2013] NZREADT 92 [pdf, 153 KB]

   ...The commission on the sale was eventually split 55 per cent to 45 per cent in favour of Custom Residential Ltd. [15] On 2 March 2012, Committee 20006 of the Authority decided to take no further action on the complaint from Mr Tucker. However, he appealed the Committee’s decision to this Tribunal. On 3 August 2012 (in Tucker v REAA, Claydon and Richardson [2012] NZREADT 46) we upheld the appeal, made a finding of unsatisfactory conduct against Ms Claydon, and directed that the Authori...

3. LCRO 001/2017 AB v AC [pdf, 253 KB]

   ...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...

4. Reihana-Ngatote - Okahu 1, 3B2B2A, 3B2B2C, 3B2B2D, 4A, 4B, 4D, 4C1, 4C2, 3A3B2A (2016) 132 Taitokerau MB 120 (132 TTK 120) [pdf, 232 KB]

   ...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...

5. LCRO 41/2015 CL v JW and IB (26 June 2018) [pdf, 241 KB]

   ...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...

6. LCRO 160/2017 EH v FP (23 April 2018) [pdf, 192 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: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...

7. Mangatawa Papamoa Incorporation - Mangatawa Papamoa Incorporation (2006) 84 Tauranga MB 172 (84 T 172) [pdf, 1 MB]

   ...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...

8. LCRO 272/2015 PA v NT, RO and DS (31 August 2018) [pdf, 214 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: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...

9. Peita - Motatau 3H2[2019]Chief Judge's MB 337 (2019 CJ 337) [pdf, 362 KB]

   ...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...

10. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

    ...[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...