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1. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...concerning the application must be considered, not just the previous misconduct. The onus is on the candidate to show that he or she is a fit and proper person.” [13] The decision of Interim Advance Corporation Pt Ltd v Commissioner for Consumer Protection [2008] WASAT 81 provides useful guidance on the “fit and proper person” test in the context of a refusal to grant a credit provider’s licence. The State Administrative Tribunal considered a review of a decision not to grant...

2. [2019] NZEnvC 038 Hawke's Bay Fish & Game Council v Hawke's Bay Regional Council [pdf, 277 KB]

   ...decision of Hawke's Bay Regional Council ('HBRC') on proposed Change S (,PCS' "Decision Version') to the Hawke's Bay Regional Resource Management Plan ('RRNlP'). Other s274 parties were Royal Forest and Bird Protection Society of New Zealand ('RFB') and Federated Farmers of New Zealand ('FFNZ'), neither of whom seeks costs. HBFG v HBRC - COSTS 2 [2] MTB seeks costs orders against HBRC and HBFG for reasonable contri...

3. Mudge v CAC307 & Anor [2015] NZREADT 85 [pdf, 122 KB]

   ...“whether it is acceptable practice for agents to shop around and obtain a valuation that suits his/her purpose without informing the client of the number of valuations or values represented in each valuation”. [23] We consider that the Client Care Rules 2012 and the Act provides sufficient protection for the members of the public and to prevent any ethical abuses. [24] Accordingly the Tribunal dismisses the appeal and confirms the Committee’s decision. [25] The Tribunal dr...

4. ENVC Hearing 6Oct14 s274 evidence chief John Hall [pdf, 70 KB]

   ...6th 2014, that the marina would take up a good third of Matiatia. 15 Ms Christine Gisby, in a letter to “Gulf News” on 9th January 2014 claimed that the 160 berth Marina would take up almost half the bay! 16 From aerial photographs, I have very carefully measured the total area of Matiatia Bay. The area inside its headlands is about 33 hectares. The area of it that would be taken up by the proposed marina, car park area and breakwaters is just 3.8 hectares and as I noted previously is...

5. IEAA - 2015 annual report [pdf, 148 KB]

   ...HEALTH OF THE STUDENT 8. In most years at least one case arises where the problems really stem from the mental state of the student and their inability to cope with living in a 4 different environment. There is little that can be done to protect the providers from this situation but it does, in the cases we have come across, lead to some very contentious situations where the IEAA has had to step in and attempt to resolve. CASES 9. The one case which we will espe...

6. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

   ...stresses that this case, and its associated publicity, have had an enormous impact on the licensee and her family. [13] Ms Hunter then submits that the purposes of the current disciplinary regime for real estate agents, namely, the promotion and protection of the interests of consumers and the public generally and the maintenance of professional standards, are met in this case by the finding of unsatisfactory conduct and by the licensee’s apology. Ms Hunter notes that we recognised t...

7. CAC 20005 v Morton-Jones [2014] NZREADT 100 [pdf, 29 KB]

   ...accounting codes, rather than a lack of fidelity or good faith”. [14] The defendant also maintains that any tardiness on his part in responding to the charges was because he had not been properly served on 24 March 2014. [15] We record that we have carefully taken into account these further submissions but they do not alter our conclusions. Our Decision [16] Pending the outcome of the substantive prosecution hearing, we have now decided to suspend the defendant’s licence fo...

8. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...October 2002; (ii) The intended point of law must be ‘capable of bona fide and serious argument’ to qualify for the grant of leave: e.g.; impact manufacturing reported, Doogue J, HC Wellington, AP 266/00, 6 July 2001; 3 (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Ropana [1991] 1ERNZ 361, 363 (CA); (iv) Where an appe...

9. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...in Lewis v ARCIC HC 149/1993 is now seen by Parliament as not being acceptable. [12] The view of the Appeal Authority in this case is in total contrast to the will of Parliament in that the Corporation has been allowed to both seek and attain protection and financial benefit from its totally inappropriate and unlawful action. [13] The Corporation provided the standard C3 form to Mr Morgan's employer which stipulated "do not include any taxable items." [14] The proba...

10. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

    ...the Income Tax Act 2004, the Income Tax Act 1994, the Tax Administration Act 1994, the KiwiSaver Act 2006, and the Goods and Services Tax Act 1985. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 6. Taking into account the various domestic an...