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FURTHER DRAFT BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL Decision no: [2013] NZREADT 4 Ref No: NZREADT 115/11 IN THE MATTER OF an appeal under s 111 of the Real Estate Agents Act 2008 BETWEEN NEIL POLLETT Appellant AND THE REAL ESTATE AGENTS AUTHORITY Respondent MEMBERS OF TRIBUNAL MR G DENLEY– Member JUDGE P F BARBER – Chairman MR J GAUKRODGER – Member Heard at Auckland: 24 October 2012 Appearances...
...Vercoe v Vercoe (2004) 10 Waiariki Appellate MB 263 (10 AP 263). 5 Samuels v Matauri X Incorporation (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216). 6 Phillips v Trustees of Mohaka A4 Trust (2010) 2010 Māori Appellate Court MB 425 (2010 APPEAL 425). 7 Nicholls v Nicholls – Part Papaaroha 6B Block (2011) 2011 Māori Appellate Court MB 64 (2011 APPEAL 64). 33 Taitokerau MB 15 Ms Tawhai [10] I determine that Housing New Zealand Limited is entitled to costs against Ms...
...scope of review [29] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:13 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...
...consumption. 2.2 Clause 35 of the Bill introduces a new regulatory regime for alcohol-related advertising and, particularly, seeks to minimise the exposure of young people to alcohol advertising and to ensure that such advertising does not have strong appeal to young people. In this respect, the Bill imposes a restriction on the right to freedom of expression affirmed by s 14 of the Bill of Rights Act. I conclude that the restriction is justifiable in light of the greater vulnerabilit...
BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2016] NZREADT 33 READT 068/15 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN EDWARD DE HEER Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 302) First respondent AND MARIA BERNARD Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr G Denley – Member Ms N Dangen – Member HEARD at AUCKLAND on 31 March 2016 DATE...
...any application for a status change. [9] The superior courts have also provided guidance on the issue of status change and alienation generally. In addition to Brown v Maori Appellate Court there is of course the important judgment of the Court of Appeal Valuer-General v Proprietors Mangatu Incorporation [1997] 3 NZLR 641. At page 649 of the decision, Richardson P makes it plain that the Act provides for alienation but in limited circumstances: "The 1993 Act imposes very significa...
BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC (~-:t of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act HAYDAN INVESTMENTS LIMITED (ENV-2018-AKL-000123) Appellant AUCKLAND COUNCIL Respondent Court: Principal Environment Judge L J Newhook Date of Decision: \ I AI..t.11.A & -r- z 0\ V Date of Issue: DETERMINATION OF THE ENVIRONMENT COURT A: The Court orders,...
...parties relating to costs, and the defendant has incurred costs associated with the proceedings, the defendant may be entitled to a contribution towards those costs incurred. 2 [11] The plaintiffs rely also on the recent judgment of the Court of Appeal in Powell v Hally Labels Ltd. 3 This judgment relates, however, to civil litigation practices in the High Court, so that its affirmation that the High Court “… guards its discretion over costs, but as a matter of practice it do...
...TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Commissioner R M Dunlop Commissioner I A Buchanan Hearing: at New Plymouth 9-10 May 2018 Decision No: [2019] NZEnvC 5 ENV-2016-WLG-000081 of an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 THE NEW ZEALAND HEAVY HAULAGE ASSOCIATION INC (HOUSE MOVERS SECTION) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Closing submissions: 16 May an...
...review has been discussed in a number of decisions including decisions from this Office in relation to reviews of Committee decisions to lay charges to the Tribunal regarding practitioner conduct. [13] In Orlov v New Zealand Law Society the Court of Appeal determined that there was no threshold test to be met before matters could be referred to the Tribunal.1 The Court explained that:2 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners...