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1. Broadman - Waimarama 3A 4B Sec 5 (2018) 66 Tākitimu MB 207 (66 TKT 207) [pdf, 332 KB]

   ...risk to the assets of the trust or a serious allegation requiring intervention.11 [24] A review of trust will therefore often require consideration of a trust’s performance and the competence of its trustees.12 In Rameka v Hall the Court of Appeal referred to the general responsibilities of trustees set out in s 223 of the Act, which include carrying out the terms of the trust, the proper administration and management of the business of the trust, the

2. LCRO 54/2018 KJ v VW (6 July 2018) [pdf, 180 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. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

   ...maximum amount that the Tribunal could order. It also ordered that the claim by the company for $1,537.50 for the unpaid ground rental be off set against that payment, thereby effectively upholding the counterclaim by CBW. [20] TC lodged an appeal against the decision of the Disputes Tribunal in the District Court in September 2010 which was beyond the statutory period for appeal. He then compiled his complaint against NV and forwarded this to the firm with a request that the fi...

4. LCRO 76/2018 HS v WA (19 February 2019) [pdf, 175 KB]

   ...scope of review [29] 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...

5. [2023] NZEnvC 088 Barr Family Trust v Wakatane District Council [pdf, 450 KB]

   AJ & VF BARR FAMILY TRUST v WHAKĀTANE DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 088 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 against a decision of the Whakatane District Council to grant resource consent for a wedding and events venue at 1513 and 1553 State Highway 3, Awakerea BETWEEN AJ & VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKA...

6. LCRO 183/2016 TA v CIB LIMITED (28 March 2019) [pdf, 228 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: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...

7. JK v OC LCRO 254/2013 (10 February 2015) [pdf, 93 KB]

   ...application was framed, and the manner in which Mr JK has approached the review process, has not assisted with progressing this matter to an expeditious resolution. [31] Mr JK notes in his application that he is giving notice that he intends to appeal [review] the Standards Committee decision. [32] He indicates that he is awaiting more documents that will “prove” his appeal. He suggests that when those documents become available, he will be in a position to provide the Legal...

8. TQ v FW LCRO 214/2015 (27 September 2016) [pdf, 64 KB]

   ...Scope of Review [46] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:12 … 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...

9. TB v KP LCRO 174/2016 [pdf, 167 KB]

   ...scope of review [24] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act: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 that...

10. Puriri – Okaihau No3C No2 (2013) 28 Takitimu MB 129 (28 TKT 129) [pdf, 169 KB]

    ...would likely expect a written report from any supplier of services. 28 Tākitimu MB 135 Can Mr Puriri enter into a further lease with Emmerson? [27] The issue of the powers of responsible trustees was recently considered by the Court of Appeal in Naera v Fenwick where, in the context of clause 3 of the standard wide powers trust order, that Court stated: 6 [33] We are satisfied that the interpretation given by the Appellate Court is correct and for the reasons given. Such...