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1. Barrell - Lot 27 DP40840 (2011) 27 Taitokerau MB 241 (27 TTK 241) [pdf, 69 KB]

   ...June 2010 (Heard at Whangarei) Judgment: 26 September 2011 RESERVED JUDGMENT OF JUDGE D J AMBLER Introduction [1] This application to change the status of Lot 27 DP40840 (“Lot 27”) from Māori freehold land to General land was filed in August 2008 at the time the then owners, Mr and Mrs Barrell, were looking to sell the land. In 1976 a status order determining the land to be Māori freehold land was registered against the LINZ title (NA11A/419). Mr and Mrs Barrell...

2. Tautari - Mohinui 3B2B (2011) 27 Taitokerau MB 136 (27 TTK 136) [pdf, 89 KB]

   ...the owners do not support an ahu whenua trust, an occupation order is necessary to provide Stephen Tautari with an exclusive area. He seeks a 3000m² site. That is appropriate. I will make an order in terms of the sketch plan Stephen Tautari filed subject to my direction regarding the standard of the plan. Sophie Mahanga’s site [14] Sophie Mahanga sought a 3000m² site running east of the internal fence line back to the vehicle track. Bella and Wiremu Mahanga objected as the...

3. Gillies v Chappell – Section 4B2 Rāpaki Māori Reserve 875 (2013) 16 Te Waipounamu MB 205 (16 TWP 205) [pdf, 59 KB]

   ...require amendment or cancellation. I determined that the evidence and arguments before were not enough to satisfy me that, on the balance of probabilities, an error of fact or law has been made. [4] An application for costs was subsequently filed on 31 March 2011 by the respondent, seeking full indemnity of costs, totalling $16,250.11. Respondent’s Submissions [5] Full indemnity of costs is sought by the respondent on the basis that all of the arguments raised by the applican...

4. CAC 2006 v Azimi - Interim Suspension [2012] NZREADT 43 [pdf, 30 KB]

   ...fraudulent mortgage scheme. 2. The public interest in ensuring that real estate agents maintain high standards of honesty and integrity. [4] The application is made in reliance on ss.91, 92, and 115 of the Act and the affidavit of Chris Delaney filed in support of the application of the prosecution. Mr Delaney is an investigator with the Real Estate Agents Authority and he sets out in his affidavit serious allegations against Ms Azimi which relate to the details of the charges....

5. Fielding v REAA & McIntyre [2012] NZREADT 10 [pdf, 167 KB]

   ...showed her as working for L J Hooker. She says it took almost three months for him to remove her photograph, personal details and the internet advertisement. [3] When discussing the matter with the Tribunal she referred to written material already filed and a YouTube clip which showed a property for sale by L J Hooker Kumeu at 167 Taha Road, Waimauku, Auckland which she said had remained on the internet for two years without L J Hooker having a listing authority. She said that this p...

6. ABC v XYZ (Costs) [2013] NZHRRT 27 [pdf, 47 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF AND OF THE DEFENDANT (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 27 Reference No. HRRT 029/2012 UNDER SECTION 51 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN ABC PLAINTIFF AND XYZ DEFENDANT AT AUCKLAND BEFORE:...

7. Auckland Standards Committee v Pollard [2012] NZLCDT 21 [pdf, 125 KB]

   ...dishonesty, debiting fees to which he was not entitled and deliberately misleading a bank regarding professional indemnity insurance. [2] The matters are fully set out in the charges which Mr Pollard has admitted and in the Summary of Facts filed by the Standards Committee. Mr Pollard has had previous disciplinary matters on which he has been found guilty, involving an improper transfer of an interest in a property, in 1996, and, in 2005, relating to the overdrawing of his tru...

8. Auckland Standards Committee v Smith Charges [2015] NZLCDT 40 [pdf, 31 KB]

   ...do not consider any of the grounds which would support a finding of “unsatisfactory conduct” has been made out. Decision [24] For the above reasons, we dismiss each of the three alternative charges. [25] Submissions as to costs are to be filed by each party within 14 days of the release of this decision. 7 DATED at AUCKLAND this 19th day of November 2015 Judge D F Clarkson Chair NEW ZEALAND LAWYERS AND CHAIR MEMBERS OF TRIBUNAL DECISION...

9. Vadke v CAC 20007 & Pannu [2014] NZREADT 50 [pdf, 36 KB]

   ...the deposit was debited from his account on 15 May 2012 despite the agreement for sale being unconditional only on 18 May. [14] His two witnesses were Mr Nadkarni, who was a friend of both Mr Vadke and Mr Pannu, and Mr Rekhi. Mr Nadkarni had filed a declaration. This said that Mr Pannu told Mr Vadke (in his presence) that the vendors were in both matrimonial and financial difficulties. [15] However when he came to give evidence this comment was somewhat watered down. In his oral...

10. Eichelbaum v CAC303 & Anor [2016] NZREADT 11 [pdf, 126 KB]

    ...notes of evidence from the District Court, which involve detailed cross examination of the late Ms Alexander on behalf of the licensee as a defendant in a civil claim, do not seem to add anything useful to her existing statement of evidence already filed in these proceedings. [15] Also, that District Court evidence was, obviously, adduced in a different forum and context where, presumably, the issue was financial liability of the licensee for alleged misrepresentation or the like as d...