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...the usual way that he is a fit and proper person to hold such a licence. We understand that the necessary procedures will focus on that issue in any case. [38] 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. MS~ --- Member
...Jarman’s licence be cancelled and she is fined $7,500 to be paid to the Registrar of the Authority at Wellington within three calendar months of this decision. [59] 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 ______________________________ Mr J Gaukrodger Member _________________________...
...will-maker’s husband pre-deceased her. The court therefore considered whether by necessary implication, words could be inferred into the will to fully express the will-maker’s intention and enable the disposition to take effect. 8 The Court of Appeal considered that this approach was only legitimate 7 Re Whitrick [1957] 1 WLR 884 (CA); see also Re Smith: Veasey v Smith [1948] Ch 49; and Re Jensen, above n 6. 8 At 887. 2014...
...the said term hereby granted at the same rent and containing the like covenants and provisos as are herein contained 14 Biel v Hall – Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535); Murupenga – Re Proprietors of Te Hapua 42 Incorporation (1972) 2 Taitokerau Appellate MB 72 (2 APWH 71). 15 Laws of New Zealand Lessor and Lessee (Reissue 1) (online ed) at [80]. 16 Laws of New Zealand, above n 15, at [78]....
...flaws amount to unsatisfactory performance. [7] In our view unsatisfactory performance must be measured against the principles in the Act. They are contained in the preamble and section 2. [8] The key principles for the purposes of this appeal are that the Court should encourage: (a) retention of Maori land, in the hands of its owners; (b) the utilisation and development of that land; and (c) control of that land by the owners, through their representatives. [9] Wh...
...and that it must consider the three matters listed at subclause (3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [52] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.1 Those cases show that “flagrant” copyright infringemen...
...6 Eriwata v Trustees of Waitara SD Section 6 and 91 Land Trust (2005) 15 Whanganui Appellate MB 192 (15 WGAP MB 192) and Te Hokowhitu v Proprietors of Matauri X (2010) 2010 Māori Appellate Court MB 566 (2010 Appeal 566). 7 Ibid. 51 Taitokerau MB 285 [35] The test to ascertain whether the learned judge properly exercised his discretion whether to grant the injunction or not, is that which applies to permanent injunctions. [36] Mr Taylor
...test for acting honestly was whether the trustees had acted as an honest person would have acted in the circumstances. According to re Grindey, Clews v Grindey reasonably means reasonably as a trustee. 12 [29] In Wong v Burt the Court of Appeal put it this way: 13 In our view, this is not a case where the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable – it was...
...21 days thereafter. 3. Any response by the Real Estate Agents Authority to the submissions of Mr Waymouth (but strictly in reply) are to be filed within a further seven days. [25] The Tribunal draws to the parties’ attention the right of appeal to the High Court contained in s 116 of the Real Estate Agents Act. DATED at AUCKLAND this 11th day of March 2013 ______________________________ Ms K Davenport Chairperson _____________________________ Ms N Dange...
...… [but] not grudging”13 Orders in accordance with the usual practice of this Office when making orders to compensate for anxiety and stress caused by a failing in a practitioner’s conduct. Censure – s 156(1)(b) [32] The Court of Appeal discussed censure in the disciplinary context of s 156(1)(b) in New Zealand Law Society v B describing censure as a:14 … formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure … Is like...