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...1 [2009] 1 NZLR 1 4 [20] Accordingly the defendant is fined $4,000 and ordered to pay Mr Toluono $450. [21] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 22nd day of July 2011 ______________________________ J Robson Member ______________________________ G Denley
...Stevenson’s registration is cancelled; [b] Mr Stevenson is ordered to repay to Mr and Mrs Beer the sum of $1,683.73 GST inclusive in compensation for the additional legal costs. [15] The Tribunal draw to the parties’ attention the right of appeal to the High Court contained in s 116 Real Estate Agents Act. DATED at AUCKLAND this 30th day of August 2013 ______________________________ Ms K Davenport QC Chairperson ______________________________ Mr G Den...
...application. [10] Clause 19(1) of sch 3 of the Employment Relations Act 2000 confers a broad discretion on the Court as to costs. The principles generally followed by the Court in awarding costs are confirmed in three decisions of the Court of Appeal: Victoria University of Wellington v Alton-Lee, 2 Binnie v Pacific Health Ltd, 3 and Health Waikato Ltd v Elmsly. 4 [11] An award of costs usually follows the event and, as a rule of thumb, the Court adopts as a starting point...
...cancelled indefinitely at law. [9] Accordingly, we feel unable to take the concept of penalty against the defendant any further, but reserve leave to apply. [10] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms J Robson Member ____________________________...
...agent, of 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 Part2 of this Act relates. (2) Notwithstanding anything in the Crown Proceedings Act, any injunction made by the Court under this section may be expressed to be binding on the Maori Trustee. (3) Any injunction made by the Cou...
...7 Holland & Ors as Trustees of the Harbourview Trust v Auckland City Council WHT TRI- 2009-100-00008, 17 December 2009. 4 At adjudication the claim against the architect failed but the Tribunal declined his application for costs. On appeal the District Court held that the Tribunal was wrong to conclude that the threshold for an award of costs under s91(1)(b) had not been met because the claimant failed to offer the necessary evidence of causation at hearing.8 G...
...recent decision Ministry of Health v Atkinson HC Auckland CIV-20101-404-287, 17 December 2010 the Court did not accept that discriminatory impact of this kind was required to establish a prima facie breach of s 19. The Crown has been granted leave to appeal the decision. The Supreme Court of Canada in Withler v Canada (Attorney-General) (2011) SCC 12 has recently reaffirmed that discrimination only arises where, taking account of the full context the actual impact of the measure, there...
...to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or d. has been convicted of an offence against section 32(fa) of the Act. 9. Secondly, persons who have their accreditation suspended may appeal to the District Court during the suspension period, or within such further time as a Judge may allow on application made before or after the expiration of that period (under section 30F of the Act). We also note that the suspension is te...
...provisions limit s 12(b) right 6. The United Nations Human Rights Committee has considered restrictions of this kind as limitation on the parallel right under the International Covenant on Civil and Political Rights.[1] However, the Ontario Court of Appeal has suggested that a requirement to resign from employment is not a “coercive burden” that limits the parallel right under the Canadian Charter of Rights and Freedoms.[2] 7. In light of the financial burden of not receiving remu...
...equivalent provision? Yes No Page 2 For more information visit www.pspla.govt.nz PSPLA 02/15 - S Z Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed or appealed? Yes No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for w...