17 Oct 2017
MCLANAHAN v THE NEW ZEALAND REGISTERED ARCHITECTS BOARDS [2017] NZCA 458 [17 October 2017]
- Citation
- [2017] NZCA 458
- Court
- Court of Appeal
r 62(a) is confined to a jurisdictional inquiry (whether the alleged facts, if established, fall within s 25(1) grounds); an investigating committee exceeded its powers by dismissing 23 heads of complaint solely under r 62(a) on the basis of evidential insufficiency or lack of a prima facie case (such assessment belongs to r 62(c) or other grounds). The Board's decision of 23 September 2015 is quashed in respect of those 23 heads and the Board is directed to make a fresh decision under r 70. Rule 50 requires agreement of the terms of appointment before professional work commences (subject to…