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1. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is made out the application for an enforcement order is declined. [47] I have considered the question of costs. I note Ms Thornton's advice that Ms Taueki is not able to meet any costs award of substance and that the Registrar waived the filing fee in this case. My usual observation in that situation is that the time to have regard to those considerations is at the commencement of proceedings, not at their conclusion. If costs are not awarded they are borne by the ratepayers of...

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

   ...he had ten working 2 The Tribunal understands that Mr Dickinson initially intended to stay in South Korea for only some months, but extended his stay. He was still in South Korea at the time of filing his application for review. days from the date of the letter to advise the Authority of any reason why his licence should not be cancelled. [d] If he completed ten hours of verifiable CE, he should provide written confirmation of...

3. [2016] NZSSAA 52 (16 June 2016) [pdf, 55 KB]

   ...this claim. The appellant has apparently not reported his income from this employment and apparently has not held the requisite licence to work as a security guard since last year. We accept, however, that if the appellant pays the necessary fee and gains further work he may need his own transport. [34] The availability of public transport is something which must be taken into account in determining whether a motor vehicle should be included as an allowable cost in entitlement t...

4. LCRO 188/2019 QK v RJ (13 May 2020) [pdf, 116 KB]

   ...Committee’s decision was that it contained a so-called “serious discrepancy” at paragraph 8. The so-called serious discrepancy was contrived. Applications for probate are dealt with by the High Court. When an application for probate is filed, the High Court also receives a copy of the will. All Ms QK needed to do was contact the High Court or instruct her lawyer to do so. If 1 Sections 162 and 163. 7 probate had been gr...

5. [2023] NZREADT 10 – Complaints Assessment Committee 2103 v Sharma (8 May 2023) [pdf, 218 KB]

   ...Mr McMullan (17 January 2023) replying to a note from the facility manager on behalf of Mr Sharma. [20] It is difficult to see how the Tribunal could be persuaded Mr Sharma is impecunious based on the material before it. No affidavit has been filed and the note does not address whether Mr Sharma owns any assets. The informal nature of the 6 Real Estate Agents Act 2008, s 122. 7 material affects the weight to be given to it. There is no representation by Mr Sharma or...

6. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...matter is called in under section 142(2) and publicly notified under section 149C, any person may make a submission "about" the matter to the Environmental Protection Authority. 3 RMA, s 149E(3). 4 Form 5 in the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 5 RMA, s 149E(1). 6 RMA, Sch 1, cl 6(1). The requirement for a submission to be "about" a matter is also used in section 49(1) of the RMA in relation to submissions about proposed national...

7. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [pdf, 223 KB]

   ...not been subject to any previous disciplinary findings, that is of marginal weight given the short time in which he was licensed. This is not, however, the first time he appears to have produced a false document as the Tenancy Tribunal found he filed a false invoice in support of a claim against his landlord.6 [18] It is submitted that dishonesty of any nature runs contrary to the principles of registration under the Act and its associated privileges. It is important that it is...

8. Lochead-MacMillan v Nimble Financial Services Group Limited [2024] NZHRRT 25 [pdf, 214 KB]

   ...85 of the Act. [29] Mr Lochead-MacMillan seeks the following remedies: [29.1] A declaration that NFSG interfered with his privacy. [29.2] Damages for pecuniary loss; loss of a benefit; and humiliation, loss of dignity and injury to his feelings. [29.3] A training order. Declaration [30] The grant of a declaration by the Tribunal under s 85(1)(a) of the Act is discretionary. However, the Tribunal will not normally deny such relief where it finds there has been an inte...

9. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

   ...infringement fee prescribed in regulations, or a fine imposed by a court that doesn’t exceed the amount prescribed in regulations. New section 121 provides a discretion as to whether to pursue the infringement offence via an infringement notice or by filing a charging document in the District Court. This is a strict liability offence, and accordingly limits s 25(c) of the Bill of Rights Act. 26. We consider that the infringement offence can be justified under section 5 of the Bill of R...

10. LCRO 1/2023 EL v OX (17 December 2024) [pdf, 176 KB]

    ...• He does not consider that he was conflicted in accepting instructions from Bank A. • He encountered difficulties in arranging a meeting with EL to sign the documentation due to EL’s busy schedule. • OX regards the amount of his fees as modest, and rejects any suggestion that they should be refunded. Nature and scope of review [32] The High Court has described a review by this Office in the following way:8 A review by the LCRO is neither a judicial review nor an ap...