Search Results

1. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

   ...largely successful in this proceeding and therefore costs should follow the event. For completeness I note that, despite the absence of any counsel for the respondent at certain points, the proceedings were conducted in a manner akin to orthodox civil litigation. [16] In any event I am satisfied that the proceedings commenced by Samuel Gemmell were prosecuted in good faith and resulted in a the replacement of the former trustees, the eventual preparation of annual accounts that were...

2. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...give a reasonably full explanation of their reasons for all these findings. The Court commented that it is a field in which the spirit of justice is more important than the letter. [15] The Tribunal is a specialist Disciplinary Tribunal. It is a civil tribunal, but it has been recognised that Disciplinary Tribunals also have quasi-criminal functions when imposing disciplinary sanctions. In this case the Complaints Assessment Committee has decided to charge Mr Drever with one charge of...

3. Ruwhiu v Commissioner of Inland Revenue - Maunga Hikurangi Kaporeihana (2016) 143 Taitokerau MB 159 (143 TTK 159) [pdf, 219 KB]

   ...the court may, if it considers it is in the interests of the owners to do so, make an order incorporating as a Maori incorporation the owners of any 1 or more areas of Maori freehold land, of which at least 1 area is owned for a legal estate in fee simple by 2 or more owners (whether any such owner is entitled beneficially or as trustee). (2) The court shall not make an order incorporating the owners under this section unless— (a) the assembled owners of the land have, in accord...

4. [2020] NZREADT 49 - Hammond v The Real Estate Agents Authority (12 October 2020) [pdf, 255 KB]

   ...1, at [97]. [11] In assessing penalty, the focus is on the seriousness of the relevant licensee’s breach of professional obligations. As the Tribunal has previously said, the quantum of loss suffered by a complainant may be relevant to a civil claim for damages, but not to the assessment of penalty.5 [12] Pursuant to s 111(5) of the Act, having found Ms Tafilipepe guilty of unsatisfactory conduct, the Tribunal may make any of the orders that a Complaints Assessment Committ...

5. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [pdf, 216 KB]

   ...providing for the regulation of persons who give immigration advice. [31] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

6. [2020] NZIACDT 53 - ZG v Parker (16 December 2020) [pdf, 217 KB]

   ...providing for the regulation of persons who give immigration advice. [35] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appropr...

7. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...later on. Her flatmate had obtained a work visa that way. [6] The complainant and Ms Ramos signed the latter’s consulting agreement. It provided for Ms Ramos to represent the complainant on an application for a work visa (post-study), for a fee of $1,468. [7] On 5 March 2018, Ms Ramos lodged with Immigration New Zealand the post- study work visa application (form signed by the complainant on 22 February 2018). The complainant relied on a job offer as a caregiver. 3...

8. Fair Pay Agreements Bill [pdf, 268 KB]

   ...to an employee, who is within coverage and a member of a union, we do not consider it to be sufficient to constitute a breach. This is because the union member payment cannot be more in total than the amount of the employees’ union membership fees for the period covered by the FPA.13 Industrial action – strikes and lockouts 29. The restriction on industrial action at cl 123B of the Bill engages the right to freedom of association and peaceful assembly. Like freedom of expre...

9. [2023] NZREADT 20 - CAC 2107 v Sheldon (Penalty) (14 August 2023) [pdf, 226 KB]

   ...disciplinary process that is independent, transparent, and effective. [11] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:2 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish the practitioner for misbehaviour, although it may have that effect, but to ensure that appro...

10. Crozier - Succession to Molly Crozier [2023] Chief Judge's MB 531 (2023 CJ 531) [pdf, 304 KB]

    ...Sewell’s name was changed to Shona Leigh Bishop.2 Details of payments made as a result of the Orders 20. On 1 September 2016, the Court ordered that the funds held by the deceased be paid to the applicant as reimbursement of the application fee and the balance of the funds be paid to the persons entitled. 2 293 Aotea 177 (293 AOT 177). 2023 Chief Judge's MB 536 Reference to areas of difficulty 21. The Deed of Family Arrangement was signed by Doris Jean Sewell. P...