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1. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...sold unconditionally at auction to an associate of hers, she advanced funds to enable him to complete settlement. Ms Adams was censured, her licence was suspended for six months, and she was ordered to pay a fine of $10,000, and to pay $5,000 in costs. [35] The circumstances in Reed are distinguishable, in that the vendors were clearly informed by Mr Reed that he wanted to buy their property. That was not the case here. The vendors had also obtained their own valuation of the pro...

2. E72 Ngarimu Blair - EIC - Ngāti Whātua Orākei [pdf, 969 KB]

   ...be established with those Iwi formally part of these hearings for the purposes of engagement and consultation on a range of matters including construction of the bases and wharves. It is our view that for reasons of inclusivity, efficiency and cost, the pre-existing Auckland Council mana whenua engagement forum is an appropriate engagement vehicle for the outcomes of this resource consent and the wider engagement plan for the Americas Cup generally. Terms of reference include that...

3. ENV-2016-AKL-000189 Cabra Rural Developments Limited & Others v Auckland Council [pdf, 2.2 MB]

   ...for rural subdivision should enable protection, rehabilitation, or enhancement of significant indigenous biodiversity through subdivision in appropriate locations, subject to evidence that it will produce significant environment benefits, and with cost-effective monitoring. Provision for subdivision for rural lifestyle purposes should be enable subject to constraints on location, scale and density which: a. Avoid areas that would undermine the integrity of the RUB or compromise the exp...

4. Henric Eden v Complaints Assessment Committee 413, Dean Abraham & Angela Sanson [2017] NZREADT 53 [pdf, 159 KB]

   ...result. Had the licensees done so, the Appellants alleged that they would have been able to make a more informed decision as to their purchase. The Appellants sought compensation 3 from the agents in the amount of $13,829.88, this being the cost of remedial work on the defective roof. [8] The CAC considered the complaint and decided to inquire into it under s 79(2)(e) of the Real Estate Agents Act 2008 (the Act). The CAC acknowledged that the complaint engaged Rule 6.4 of...

5. Dickinson v The Registrar of the Real Estate Agents Authority [2018] NZREADT 31 [pdf, 195 KB]

   ...observe that the imperative does not apply only to a licensee’s failure to complete required CE; as relevant to the present case, it applies also to a licensee’s failure to maintain prescribed qualifications (s 54(c)), the failure to pay fines or costs ordered by a Complaints Assessment Committee or the Tribunal (s 54(e)), and the failure to pay any prescribed fees or levies (s 54(h)). [45] We conclude that Parliament’s intention in enacting these provisions is clear: it...

6. 2021-05-12 Carrick Irrigation Exhibit Consent 2002.448-002.pdf [pdf, 173 KB]

   ...the holder of the licence in respect of the dam and all interested parties, and after consultation with an Inspector of Mines, the Board may give such directions for the repair or strengthening of the dam or otherwise, and upon such terms as to costs and otherwise (including the expenses of the engineer), as it thinks fit. (3) In this section, “dam” means a natural or artificial barrier that retains water. S16 (1) No current mining privilege shall confer...

7. Bisson - Succession to Alayna Waimana Clark - Lot 1 Deposited Plan 9015 (2021) 431 Aotea MB 107 (431 AOT 107) [pdf, 241 KB]

   ...218 Tukapa Street, New Plymouth, which then became her usual place of residence. The balance of the sale proceeds of several hundred thousand dollars was then held on trust for Alayna and the income was applied towards part of Alayna’s living costs. Sometime later, Alayna married Colin Brown and they both resided in the home with support from IHC. Sadly, Alayna and Colin passed away in January and September 2015 respectively. [2] Alayna left a will, which provided for her est...

8. [2020] NZEmpC 197 NZ Professional Fire Fighters Union v Fire and Emergency NZ [pdf, 223 KB]

   ...Union’s application for declarations and the claim is dismissed. I do not need to deal with the alternative arguments advanced on behalf of FENZ in light of the conclusions I have reached on the correct interpretation and application point. [30] Costs are reserved. Christina Inglis Chief Judge Judgment signed at 3:10pm on 17 November 2020

9. Federated Farmers of New Zealand.pdf [pdf, 332 KB]

   ...Delete Policy 5. Oppose In principle, Federated Farmers supports a policy that allows for offsetting and compensation because that potentially provides greater flexibility for how environmental benefits will be achieved and helps to reduce the costs. Whaimana o Te Awa o Waikato as requiring a “no effects” bottom line approach to new or replacement resource consents that are sought for discharges of nitrogen, phosphorus, sediment and microbial pathogens contaminants (�...

10. [2021] NZIACDT 11 - YC v Han (19 May 2021) [pdf, 210 KB]

    ...upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [45] A timetable is set out below. Any request that Ms Han undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. Any claim for compensation must arise from the breaches of the Code upheld by the Tribunal. Timetable [46] T...