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BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2014] NZREADT 73 READT 085/13 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN BERYL HENDERSON Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 20008) First respondent AND DAVID JONES Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr J Gaukrodger- – Member Ms C Sandelin- – Member HEARD at WELLINGTON on 7 May 2014
...been lodged in time, but has had to accept it was filed late. [4] Unfortunately, Ms Yerman’s response has been to attempt to place the blame for her own failings on her client. The complaint has been upheld in a decision issued on 9 May 2012. [5] The Tribunal found Ms Yerman: [5.1] Breached clause 1.1 of the Code as she failed to act with care, diligence and professionalism in performing her services. In particular: [5.1.1] She was careless in failing to identify the date by whi...
...this when we experience frequent flooding. Riparian planting is it even possible-what species and assistance with pests and weeds such as willows and geese. Recreational areas and walkways and employment opportunities it will be an interesting 5 years. 4. There is plenty to talk about and I am sure the Maniototo will rise to the challenge. This is a community that has built International Curling rinks and Hospitals. They come together to solve problems and find solutions and are g...
...my powers per ss 237 to 245 of Te Ture Whenua Māori Act 1993 (“the Act”). Kia whakatakina uiuinga? Should I conduct an inquiry? [4] The applicants have raised legitimate issues. There is no dispute that the 2020 AGM was held by Zoom. Clause 4.6.1 of the charter provides that the trustees have a three-year term. This term has expired for four trustees. I consider I should conduct an inquiry into these issues to determine whether the steps taken by the trustees are val...
...documents prove the relevant facts. I will look at the Registrar’s grounds of complaint, and the evidence provided to support them, but will not draw any inference from Mr I’s inevitable silence. The Registrar’s grounds of complaint [5] The Registrar’s account of the complaint is the only view presented. Accordingly, I will set out details of the grounds as she put them in her statement of complaint. The statement of complaint has references to the supporting documents a...
87 Tākitimu MB 251 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TĀKITIMU In the Māori Land Court of New Zealand Tākitimu District A20190006442 WĀHANGA Under Section 67, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Lot 2 Deposited Plan 1996 (formerly Mangaroa 26N2 Block) I WAENGA I A Between ME And TE OTANE HUATA Te Kaitono Applicant JOSEPH GOTTY, CAROL MITCHELL, TEREOWHAKAKOTAHI WALL
...36–42. agreement before the Authority or Court whether by action, appeal, application for review or otherwise.7 [7] A common feature of settlement agreements arising from mediation is the inclusion of what is known as a non-disparagement clause. One was included in the agreement signed by H. It read: Neither party, nor their representatives, shall make disparaging or negative remarks about the other. [H] has agreed to sign the Record of Settlement to indicate his ag...
...the meeting had voted in favour of the variation ofthe Tlllst Order. [11] Specific submissions were also made about cel1ain of the proposed changes which were opposed by some owners. Personal Interest of Trustees [12] It was stated that this clause reminded tlllstees not to put themselves 11l conflict by interest situations. General Meetings [13] It was submitted that a general meeting of beneficiaries should take place once every tlu·ee years and not five as provided in the ex...
...on advice. In the late afternoon of the Friday preceding the Monday hearing, opposing counsel came back to Mr Shand with an offer of $120,000 in cash and a balance of $30,000 to be paid by instalments of $1,000 per month. However, there was a clause that should the complainant die before the repayments were completed, they would cease. [5] Mr Shand’s colleague telephoned the complainant who initially accepted the offer but 15 minutes later telephoned him back to indicate he wish...
..._________________________________________________________________ CONSENT ORDER _________________________________________________________________ A: Under s 279(1)(b) of the Resource Management Act 1991 (RMA), the Environment Court, by consent, orders that: (1) Appendix 2: Structure Plans and Appendix 15: Transportation of PC5 are amended in accordance with Attachment A to this order to show the true 2 location of the collector road referred to as Road A and the local road ref...