Search Results

1. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

   ...relation to the inclusion of whakataukT - whakatauakT (proverb, aphorism), kupu whakarite (metaphor, simile) and pepeha (tribal saying, motto or proverb). An extension Western Bay of Plenty District Council v Bay of Plenty Regional Council [2019] NZEnvC 110. 3 was granted. A memorandum attaching a substantially revised version of the Schedule item was filed and served on 6 August 2019. [4] The Court then directed the other parties to provide any comments on the revised version f...

2. Beatson v CAC 416, Cripsin, Mordaunt & Property Brokers Ltd [2019] NZREADT 25 (9 July 2019) [pdf, 521 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 25 READT 003/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN BARRY BUSTER BEATSON Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 416) First respondent AND JAMES CRISPIN, TIM MORDAUNT & PROPERTY BROKERS LTD Second respondents Hearing: 15 May 2019 Tribunal: Mr J Doogue, Deputy Chairperson Ms

3. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...Dalziel and Kerry Cook Ethics, Professional Responsibility and the Lawyer (3rd ed, LexisNexis, Wellington, 2016) at [5.4.3]. 28 Burmeister v O'Brien [2010] 2 NZLR 395 (HC) at [234], referred to in Webb, Dalziel and Cook at [5.4.3]. 18 [110] Mr HB says he did not recall informing Ms UT that “he would ensure” Mr JWS’s “wishes” in his proposed 2009 will “were followed”. He says as Mr JWS’s executor of the 2001 will, it was his duty to obtain probate of, and adm...

4. Baker & Baker v CAC 416 & Drumm [2019] NZREADT 34 (12 August 2019) [pdf, 315 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 34 READT 001/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHELLE BAKER and RODNEY BAKER Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 416) First Respondent AND HAMISH DRUMM Second Respondent Hearing: 30 July 2019, at Wellington Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member

5. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...against to appear before it to make an explanation in relation to the complaint or matter: (c) may, by written notice served on the person complained against, request that specified information be supplied to the Standards Committee in writing. [110] On first examination, it may appear as if s 141 replicates the obligation on the Complaints Service to provide the lawyer with a copy of the complaint, however, s 141 must be read in context of the inquiry process that commences under s...

6. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [pdf, 309 KB]

   ...Whether breach of cl 3(c) 20 Immigration New Zealand (Calder) v Ahmed [2019] NZIACDT 18 at [55]–[59], [65]–[70]. 21 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [29], [34] & [47]. 19 [110] I will start with the obligation in cl 3(c) to act in accordance with New Zealand immigration legislation, including the Act. The question here is whether Mr Singh permitted his unlicensed staff to perform work for the complainant falling...

7. [2020] NZREADT 31 – Turoa v Real Estate Agents Authority (30 July 2020) [pdf, 289 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 31 READT 031/19 IN THE MATTER OF An appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN EWEN TUROA and OSBORNE REALTY LIMITED Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 519) First Respondent AND JANNA GILLIGAN and ROBERT MILLS Second Respondents On the papers Tribunal: Mr J Doogue (Deputy Chairperson)

8. Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]

   ...and it is clear by commencement of these proceedings that any such licence is now intended to be revoked.] It is therefore my view that Phyllis Nicholas, as the owner of the shed, has no authority to have that shed on the land. 233 Waiariki MB 110 I also consider it clear that the shack has no authority to be on the land. The shack has no building permit or consent from local authority, and there is no evidence that Trevor Martin had any right to erect the shack on the la...

9. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

   ...to 33% and frequent means 33% to 66% of the working day. [109] He refers to Dr Xiong’s report that: It is clear if a job does involve significant repetitive movements then Mr Waite would not be able to achieve vocational independence. [110] Mr Yates notes that Dr Xiong’s report also identifies another omission in Dr Strack’s report, namely consideration of the medication that the appellant takes. In this regard, Dr Xiong has seen fit to underline this portion of his repor...

10. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

    ...[JJ]’s caveat. These attendances included preparation for the hearing, appearance at court, and post hearing attendances including preparing, filing and serving a statement of defence and counterclaim, and applying for specific performance. [110] I observe that the narration of attendances in this invoice makes no reference to Ms AB’s 8 October 2015 counteroffer. [111] The assessor considered that (a) because of previous work carried out, Mr CD’s time drafting documents wo...