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1. Respond to a charge

   It’s free to respond to a charge. If charges have been laid against you by a Complaints Assessment Committee at the Real Estate Agents Disciplinary Tribunal, you’ll need to fill out a Response to Charge form: Response to charge Appoint someone to act for you You can represent yourself or you can appoint an agent or representative (like a lawyer) to represent you during the charge process. Both you and your representative need to fill out this form: Authority to Act Form 2023 [PDF, 179 K

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2. Features of the Tribunal

   ...for their case to be transferred from the court to the Tribunal. Insurers and EQC cannot apply, but they must take part. Hearings are broken down into separate events, held on different days. Tribunal decisions are binding and enforceable but may be appealed to the High Court. The Tribunal includes a fully-funded independent mediation service provided by the Ministry of Business, Innovation and Employment (MBIE). Find out more about MBIE mediation Mediation settlements are confidential, binding...

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   3. About the Tribunal

3. [2010] NZEmpC 152 Smith v Life To The Max Horowhenua Trust [pdf, 52 KB]

   ...warning, such sum did not adequately compensate the plaintiff in the present case for each of the wrongs she suffered. [18] Turning to the quantum of the award, Mr O’Sullivan reviewed a number of relevant decisions of this Court and the Court of Appeal along with two decisions of the Authority. He also noted that in Commission of Police v Hawkins1 the Court of Appeal had confirmed that there was no established range or ceilings within which compensation awards for non-economic lo...

4. Taueki v Horowhenua Sailing Club Ltd - Horowhenua (11) Lake (2013) 304 Aotea MB 288 (304 AOT 288) [pdf, 129 KB]

   ...or rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be expressed to be binding on the Māori Trustee. (3) Any injunction made by t...

5. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...annual grazing agreement since the 1980s over Pukehika block, which was part of the trust’s corpus. That grazing 5 Keepa v Vercoe – Ruatoki B92 [2015] Māori Appellate Court MB 189 (2015 APPEAL 189) at [13] 6 Churton v Trustees of Mangaporou Trust (2002) 122 Aotea MB 182 (122 AOT 182), Churton v Trustees of Mangaporou Trust (2003) 132 Aotea MB 219 (132 AOT 219), Churton v Mangaporou Trust - Mangaporou Trust (2003) 15 Aotea...

6. Fisher v Potroz - Mohakatino Paraninihi No 1C West 3A2 (2014) 328 Aotea MB 225 (328 AOT 225) [pdf, 209 KB]

   ...rehearing, the Court may affirm its former determination, or may vary or annul that determination, and may exercise any jurisdiction that it could have exercised on the original hearing. (6) When a rehearing has been granted, the period allowed for an appeal to the Maori Appellate Court shall not commence to run until the rehearing has been disposed of by a final order of the Court. [18] In Henare v Māori Trustee – Parengarenga 3G 10 the Māori Appellate Court discussed t...

7. Trustees of Te Ngae Farm Trust v Trustees of Ngāti Rangiteaorere Koromatua Council - Te Ngae Farm Trust (2015) 133 Waiariki MB 58 (133 WAR 58) [pdf, 303 KB]

   ...184). These are authorities for the following principles: 2 Nicholls v Trustees of W T Nicholls Whānau Trust – Part Papaaroha 6B Block [2014] Māori Appellate Court MB 2 (2014 APPEAL 2). 133 Waiariki MB 62 a) The Court has an absolute and unlimited discretion as to costs; b) Costs normally follow the event; c) A successful party should be awarded a reasonable contribution to the costs that were act...

8. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...6 Te Ture Whenua Māori Act, s 17(2)(a). 18 Tākitimu MB 272 Jurisdiction under s 18(1)(i) [17] The issue of what jurisdiction is granted by s 18(1)(i) was discussed by the Court of Appeal in Attorney-General v Māori Land Court [1999] 1 NZLR 689. This case involved General and Crown land, and the ability of the Māori Land Court to make vesting orders in relation to such land. The Court of Appeal stated that:7 There is

9. Taniora – Te Koutu Mourea Maori Reservation (2014) 91 Waiariki MB 173 (91 WAR 173) [pdf, 148 KB]

   ...the 1984 gazettal was based was made without knowledge of the s 440/53 order and was therefore flawed. He recommended that the reservation be partly cancelled and an area of 1 acre be excised from the Māori reservation. 4 [9] That decision was appealed by Erana Waiomio. The Māori Appellate Court overturned the decision of Judge Savage. It explained that the purpose of s 440 of the Māori Affairs Act 1953 was to enable the vesting of an interest in Māori land in a person to en...

10. Horan – Hiwarau C (2013) 70 Waiariki 61 (70 WAR 61) [pdf, 159 KB]

    ...is a sufficient degree of support for the application among the owners, having regard to the nature and importance of the matter. This issue is problematic. [35] In 2011, the Māori Appellate Court considered the approach to this issue.8 The appeal involved two blocks of land, Tutuotekaha 1B5B1 and Tutuotekaha 1B5B2. During the 1940’s to the 1950’s, the appellant’s father cleared and used the land. Without development finance, however, he was forced to leave and the land wa...