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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 16 READT 048/19 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN STEPHEN BEATH Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 409) First Respondent AND MIKE PERO REAL ESTATE LIMITED Second Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Ms C Sandelin, Member Mr N O’Connor, Mem...
IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 23 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14(1) of the First Schedule of the Act BETWEEN FREWS QUARRIES LIMITED (ENV-2023-CHC-121) Appellant AND SELWYN DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch Last case event: 23 February 2024 Date of Con...
GREEN v KĀPITI COAST DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT WELLINGTON I TE KŌTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2023] NZEnvC 240 IN THE MATTER of an appeal under s 325 of the Resource Management Act 1991 BETWEEN TRACEY MARIE GREEN (ENV-2023-WLG-000015) Appellant AND KĀPITI COAST DISTRICT COUNCIL Respondent Court: Environment Judge L J Semple sitting alone under s 309 of the Act Hearing: In chambers at Wellington Last case event: 7...
IN THE DISTRICT COURT AT WELLINGTON [2021] NZACC 36 ACR 703/12 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT ON A QUESTION OF LAW PURSUANT TO SECTION 162 OF THE ACT BETWEEN RAYLENE DUNNAGE Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the Papers Judgment: 17 February 2021 DECISION OF JUDGE G M HARRISON [1] The parties are agreed that Judge Walker err...
...Accident Compensation Act provides: …neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision by the Corporation under the Code on a complaint by the claimant. [2] The above referenced appeals relate to review decisions on decisions by the Corporation under the code. By virtue of s 149(3), as above, there is no jurisdiction for this court to hear them. [3] Accordingly, they are dismissed. CJ McGuire District Co...
...s.89(2)(c) of the Act (to take no further action) given that the Committee enquired into the complaint and made an assessment of the sufficiency of the evidence for a finding of unsatisfactory conduct. [19] We have previously held that general appeals from factual determinations will be subject to a wider approach on appeal than appeals from discretionary decisions. That approach is consistent with principles articulated by the Supreme Court in Kacem v Bashir [2010] NZFLR 884: “...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 11 READT 048/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN MICHAEL EDWIN KOOIMAN Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 519) First respondent AND MURRAY RODGERS, MATTHEW CLARKE, and PAUL CUDBY Second, third, and fourth respondents Hearing: 14 March 2019, at Wellington Tribunal: Hon P J...
...10 appeal. In situations where an application has been approved, but the Director of Mental Health disagrees with the decision, the Director of Mental Health may lodge an appeal. 36. We consider that the Family Court is well-placed to consider appeals on matters relating to special patients as it already has a role in making compulsory treatment and care orders under the Mental Health Act and the Intellectual Disability Act. 37. Appeals of Special Patient Review Tribunal decisions wo...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 20 READT 041/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN WARATAH TRUST LTD Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 20004) First respondent AND JEREMY PRYOR Second respondent AND SUCCESS REALTY LTD Third respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member...
...representation at the PAL 3 level. One of the two SCs who considered the Applicant’s applications was critical of his examples of cross-examination, particularly in “case G”. In addition, Mr Hurd produced a copy of a decision of the Court of Appeal, in a case where the Applicant had appeared for the appellant at trial. The appellant’s conviction at trial was quashed by the Court of Appeal, on the basis that his decision not to give evidence had not been sufficiently infor...