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1. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...All persons present in Court were aware of my own particular tribal affiliations through my involvement in local affairs for over a decade. I also asked in open Court if there were any objections to me hearing the application and none were voiced, 101 Whakatane MB 257. Indeed, those opposed to the application because of, inter alia, tribal issues, did not object. Consequently, having carefully considered the matter, and in the absence of any opposition, I see no grounds for recusal. In add...

2. New Zealand Guardian Trust Company Ltd v Bidois – Estate of Nikora Bidois (2007) 305 Rotorua MB 234 (305 ROT 234) [pdf, 2.7 MB]

   ...be 20 on 31 August 2008. The Law [13] I set out those provisions of the Act which would appear to apply directly to the applications: 108 (2A) A person in whom an occupation order has been vested may.lea.ve the occupation order by will to any 101' more persons who come with iii subsection (2). (2B) A person is entitled to succeed to an occupation order by wiU- (a) if the person owns a beneficial interest in the land to which the occupation order applies; and (b) if the Court...

3. McNicholl v CAC 416 & O'Loughlin [2019] NZREADT 19 (13 May 2019) [pdf, 205 KB]

   ...September 2016. [6] Included in the apartments sold by Mr O'Loughlin after construction was completed were 203 (sold on 23 November 2016), 201 (sold to Mr Cleaver on 10 July 2017), 501 (sold to Mr and Mrs McNicholl on 17 August 2017), and 101 (sold to Mr Lennon and Ms Fraser on 4 September 2017). [7] A complaint was received by the Authority on 1 December 2017, from Mr Lennon, for himself and on behalf of Ms Fraser, Mr Cleaver, Mr and Mrs McNicholl, and the purchasers...

4. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

   ...complete course “Explain the principles of ethics applying to real estate practice” READT 036/14 2013 Held advertising money in his personal bank account rather than 25 November 2014 (Guilty plea) 18 December 2014 [2014] NZREADT 101 depositing it in the agency’s account Misconduct (Seriously negligent real estate work) Ordered to complete “a suitable refresher educational course to focus on general office practice in handling clients’ and custom...

5. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z, above n 7, at [97], [101]–[102] & [112]. 9 ASSESSMENT [48] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves w...

6. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [pdf, 136 KB]

   ...[2017] NZHC 376 at [93]. 5 Section 50. 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 8 [41] According to counsel, it is acknowledged by Ms Broadway that she failed to have a services agreement, as she should have had. She was unfamiliar with her need to establish a professional relationship w...

7. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...serious question to be tried in the present case. The balance of convenience also lies in favour of the applicant 13 Section 17(1)(b). 14 Section 17(2)(c). 15 Section 17(2)(f). 75 Tākitimu MB 101 and the granting of an injunction, given the relatively serious consequences caused by the speed humps and the relative ease with which the Roadway could be reinstated. Decision [35] The grounds are made out for the grant of a m...

8. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

   ...letter of 25 September 2015 sent by [the adviser] to Immigration New Zealand made no mention of any unlicensed advice the complainant 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 9 may have received from Mr V and made no attempt to address the exclusion under s 15 of the Immigration Act 2009. Instead, [the adviser] advised that the complainant was a victim of ignorance and made a mistake...

9. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [pdf, 182 KB]

   ...Tribunal [2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee at [97], [101]–[102] & [112]. 8 [41] There are no submissions from the complainant. [42] Ms Farrow, on behalf of Ms Rodriguez has filed a statement of reply, dated 8 November 2017, together with her submissions to the Authority of 25 Septembe...

10. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

    ...6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 Z v Dental Complaints Assessment Committee, above n 7, at [97], [101]–[102] & [112]. 8 (2) Breaching cl 1 by providing dishonest and misleading updates to the complainant and falsifying emails from the Associate Minister’s office [40] As noted above, a statutory ground of complaint to the Tribu