Search Results

1. LCRO 178-2016 KO v RT [pdf, 262 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:8 … 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...

2. Wilson - The Heke and Miriama Hirini Whānau Trust (2016) 56 Tairawhiti MB 239 (56 TRW 239) [pdf, 205 KB]

   ...trust so that he could gift those interests to his children. He also believed that a return of the shares would enable him to administer those interests more effectively and argued that the trustees had failed to attend to their duties. 45 On appeal, the Māori Appellate Court identified three factors that should be taken into account when terminating a trust pursuant to s 241: 46 (a) A change of mind is usually insufficient as a ground of termination unless there is an absence...

3. Burns v Argon Construction Ltd [pdf, 42 KB]

   ...O’Sullivan with the WHRS report relate to work that had been done since the 1997 report. [50] The issue that I have to determine is not whether every single defect was identified in 1997 but when the cause of action arose. The Court of Appeal stated in Pullar that it is not and has never been the law that every defect needs to be identified in order to stop time running for the purposes of limitation. [51] Based on the evidence of Mr Alexander and Mr O’Sullivan I...

4. MacDonald v Wynyard - Manawakore C1 and Manawakore D (2016) 131 Taitokerau MB 149 (131 TTK 149) [pdf, 223 KB]

   ...for in the Act, the Trustee Act 1956 and the Reservation Regulations have to be reached and the Court must consider whether there is any positive defence or reasonable excuse for unsatisfactory performance. [21] In Rameka v Hall the Court of Appeal held: 13 [28] The general responsibilities of responsible trustees are set out in s 223 of the Act. That section refers to the following: (a) Carrying out the terms of the trust: (b) The proper administration and management of th...

5. LCRO 207/2016 YN v NZ Police (2 August 2017) [pdf, 166 KB]

   ...scope of review [36] 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...

6. Napia v Toia - Estate of Te Wiremu Napia [2016] Chief Judge's MB 420 (2016 CJ 420) - (259 KB) [pdf, 255 KB]

   ...certificate demonstrating that Paora Wiremu Napia was a child of Te Wiremu Napia. 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) at [61]. 2016 Chief Judge’s MB 431 [24] A birth certificate is prima facie evidence of the truth of the information they contain. 6 However that presumption may be rebutted if the Court is satisfied on the ba...

7. [2014] NZEmpC 15 Mattingly v Strata Title Management Ltd [pdf, 98 KB]

   ...equity and good conscience if a substantial part of the compensation awarded to [the plaintiff] had to be disbursed to meet her expenses. [12] As Mr Oldfield acknowledged, the Court’s approach in Harris did not find favour with the Court of Appeal in Aoraki Corporation Ltd v McGavin, a case decided under the Employment Contracts Act 1991. 13 However he submitted that the enactment of the 2000 Act, and its subsequent amendments in 2004, materially alters the position. [13]...

8. ENVC Hearing 6Oct14 AC rebuttal Stephen Brown [pdf, 164 KB]

   ...Bay (Palm Beach) or – within western Waiheke – at Oneroa Bay, Huruhi Bay and Owhanake Bay. Most of these bays (Man O’War is the obvious exception) are flanked by conventional suburban development, yet still retain a high level of aesthetic appeal and are also highly attractive from a recreation standpoint; indeed, far more so than Matiatia Bay. Much of this appeal clearly resides in a quite ‘hard edged’ interplay of headlands, promontories and rock shoals with open, sand...

9. LCRO 130/2017 HS v NC and EH (18 September 2019) [pdf, 260 KB]

   ...scope of review [37] 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. 5 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]....

10. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

    ...of Review 7 [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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...