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1. LCRO 238/2017 VQ v CAR LIMITED (28 March 2019) [pdf, 271 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: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...

2. Broughton - Kahurangi Trust (2021) 434 Aotea MB 131 (434 AOT 131) [pdf, 262 KB]

   ...details of the trust. Even so, where justified, aspects of operational management may require review, especially where there is an apprehension of risk to the assets of the trust or a serious allegation requiring inquiry.12 [23] The Court of Appeal decision Rameka v Hall is another important authority regarding the review of trusts, the enforcement of obligations of trust and the removal and replacement of trustees.13 That decision emphasised that, while their will invariably be...

3. [2015] NZEmpC 105 Scarborough v Micron Security Products Limited costs [pdf, 233 KB]

   ...together, and give rise to a number of difficulties in practice as the cases reveal. [35] I pause to note that the approach to costs adopted in this Court can be contrasted with the one that applies in the United Kingdom. There the Employment Appeal Tribunal Rules 1993 provide for a costs-free starting point, reflecting a recognition of the desirability of encouraging access to the Appeal Authority (the EAT) for public policy reasons. The presumption that each party will bear thei...

4. Ratima v Smith - Te Haroto 2B2B (2018) 70 Takitimu MB 88 (70 TKT 88) [pdf, 500 KB]

   ...duties as a trustee. (2) The court may 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). [29] In Naera v Fenwick the Court of Appeal stated:13 [85] When considering a claim relating to breach of trust, the starting position is that trustees of Māori land are under the same obligations as other trustees. Equitable principles such as the duty of loyalty and good...

5. Drozdzak v Accident Compensation Corporation (Work related gradual process) [2023] NZACC 157 [pdf, 442 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 157 ACR 306/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN ANTHONY DROZDZAK Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 17 July 2023 Heard at: Dunedin / Otepoti Appearances: Mr P Schmidt for the Appellant Ms A Douglass and Ms Gaskell for the Respo...

6. CAC 409 v Wong [2018] NZREADT 8 [pdf, 220 KB]

   ...by way of example, defalcation of client’s money would be a failure to exercise management responsibility over the agent. [39] Mr Mortimer submitted that the principle of management responsibility is supported by the judgment of the Court of Appeal in Barfoot & Thompson v Real Estate Agents Authority3 (concerning an agency’s policy as to managing agents’ and salespersons’ conflicts of interest). He also referred to the decision of the Tribunal in

7. DV v RG LCRO 141/2015 (28 June 2016) [pdf, 79 KB]

   ...and 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: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...

8. UW v EP LCRO 146/2011 (31 March 2015) [pdf, 77 KB]

   ...discretion, it is appropriate for the LCRO to exercise particular caution before substituting his own judgment for that of the Standards Committee, without good reason. [16] In Deliu v Hong it was noted that a review is:1 … much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching hi...

9. Insley v Insley - Awanui Haparapara No 2B No 1B Sec 2 [2023] Chief Judge's MB 323 (2023 CJ 323) [pdf, 416 KB]

   ...occupation orders were made in 2010 and 2013. The Court has followed the requirements of the Act, there were several meetings over a number of years for each application. 14. The principles raised in the application seem to be more in relation to an appeal than an application to the Chief Judge. In both instances the orders are not erroneous in fact or in law because of any mistake or omission on the part of the Court or in the presentation of the facts of the case to the Court to...

10. Pohatu v Muriwhenua Incorporation - Te Hapua 42 (2014) 91 Taitokerau MB 251 (91 TTK 251) [pdf, 195 KB]

    ...lead to a conclusion that flouts business common sense, it must be made to yield to business common sense.’ [24] This statement of law has been recognised as the established legal position in New Zealand since the 1999 decision of the Court of Appeal in Boat Park Ltd v Hutchinson. 3 More recently the Court of Appeal has discussed these principles on two occasions. In WEL Energy Group Ltd v Electricity Corporation of New Zealand Ltd the Court of Appeal stated that: 4 In inter...