Search Results

1. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...their course without undue interruption and delay. A stop-start approach to an investigative and disciplinary process which invites intervention along the way from the Authority; the Employment Court on a challenge; and potentially the Court of Appeal and Supreme Court by way of further appeal; is plainly undesirable for public policy reasons. [24] In the present case, a number of concerns have been raised as to the propriety of aspects of the employer’s process, some of whic...

2. O'Reilly v Registrar of the Real Estate Agents Authority [2016] NZREADT 78 [pdf, 172 KB]

   ...application) to notify the Registrar of any “… changes in your circumstances impacting your eligibility to hold a licence”. [43] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _______________...

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

   ...of Charged Conduct Nature of Conduct Substantive Decision Penalty Decision CA4825587 January–February 2011 Conduct relating to instructions for sale by auction 22 August 2011 Unsatisfactory conduct 4 November 2011 Censured (appealed by Complainant; settlement reached) CB5858318 November 2011 Did not provide Guides, provided insufficient information relating to subdivision, did not insert material particulars on sale and purchase agreement, did not advise...

4. LCRO 59/2016 and 61/2016 DE and QV v Standards Committee (27 September 2018) [pdf, 175 KB]

   ...TG also made mention of the fact that he considered all three lawyers were entitled to a consideration of their past careers. 11 [54] All of these comments are accepted and Mr TG’s concerns are reinforced by comments made by the Court of Appeal in New Zealand Law Society v B where the Court said:10 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint again...

5. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...instruments [36] The approach to the interpretation of plan provisions is well settled and usefully summarised in a recent decision of the Court, Budden v Auckland Council.s In that decision the Court applied the approach taken by the Court of Appeal in Powell:6 (35) ... While we accept it is appropriate to seek the plain meaning of a rule from the words themselves, it is not appropriate to undertake that exercise in a vacuum. As this Court made clear in Rattray, regard must be had...

6. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [22] An important authority on the role of trustees in the adherence to their duties is the Court of Appeal judgment Rameka v Hall.7 In that decision, the Court confirmed that trustees of Māori land remain bound by orthodox terms of trust and trust law principles 7 Rameka v Hall [2013] NZCA 203. See also Apatu v Trustees of Owhaoko C...

7. LCRO 46/2016 Richard Zhao v Yu Sun and Li Wang (7 May 2020) [pdf, 133 KB]

   ...consent for the review to be completed on the papers. [32] Nothing further was heard from Mr Deliu or Mr Zhao, and an update on the course of the litigation was sought by this Office on 1 March 2017. [33] On 4 July 2017, Mr Zhao advised that he was appealing an adverse decision by the Court in respect of a strike-out application brought by him. He requested that in the meantime, the review proceed. [34] Mr Zhao provided a copy of the High Court judgment15 on 12 December 2017. [...

8. Tawa v Ataria - Tuaropaki E (2021) 267 Waiariki MB 184 (267 WAR 184) [pdf, 282 KB]

   ...since 2008 the Trust has had at least two periodic reviews, in 2016 and 2020, and there has been ample opportunity to address the issue. The applicant also gave evidence 3 Tito - Mangakahia 2B2 - No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86). 4 Trusts Act 2019, ss 23-27. 5 Pukeroa Oruawhata Trustees v Mitchell – Pukeroa Oruawhata Trust (2006) 11 Waiariki Appeal MB 66 (11 AP 66). 267 Waiariki MB 192 that she made specific oral requests to the previous cha...

9. Security Information in Proceedings Bill [PDF, 1.1 MB]

   ...a certificate provided jointly by the Attorney-General and Minister of Foreign Affairs (cl 39). 7. There is no guidance in the Bill as to which track is to be used when, so it gives a broad discretion to the Crown to choose the track. There is no appeal procedure for a certificate but judicial review of a certificate would be possible. 8. If the Crown chooses the non-certificate track the Court determines whether a security information order would be necessary (e.g. it may be unnecessar...

10. Bloor v Karaitiana - Runanga 2E (2021) 259 Waiariki MB 286 (259 WAR 286) [pdf, 275 KB]

    ...opposition to the appointments. I have reviewed the consents of John Hirini Rameka and Romani Mere Tahau. Although Mr Bloor has provided 9 Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) at [20]. 10 Boase - Wharengaere No 3 (2019) 205 Taitokerau MB 227 (205 TTK 227). 11 Walker – Section 1A Parish of Katikati (1995) 18 Waikato Maniapoto Appellate MB 260 (18 APWM 260). 12 Walker - Section 1A Parish of Kat...