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1. Riley & Arnoux v REAA & Carpenter & Quin [2013] NZREADT 38 [pdf, 45 KB]

   ...the Committee that the vendors of the property were well aware that there were subdivision plans in existence. However, there is an email from the vendors to the licensees stating that they were unaware of the subdivision and that they did not inform the licensees of any subdivision. The vendors state that they were only aware of Mr Greenwood’s intention to build a retaining wall but nothing further and that they did not sign anything for him. Lance Greenwood confirmed to the Committ...

2. Gardiner v Gorringe (2011) 28 Waikato Maniapoto MB 237 (28 WMN 237) [pdf, 141 KB]

   ...discretion; b) The Court should look to what is just in the circumstances and in doing so should have regard to the nature and course of the proceedings; the importance of the issues; the conduct of the parties; and whether the proceedings were informal or akin to civil litigation; c) If a party has acted unreasonably – for instance by pursuing a wholly unmeritorious and hopeless claim or defence – a more liberal award may well be made in the discretion of the Judge, but

3. Hiroki v Hiroki - Tikitiki B13C1A (2011) 17 Tairawhiti MB 54 (17 TRW 54) [pdf, 124 KB]

   ...interest any such land or in the proceeds of the alienation of any such right, title, estate or interest.” [16] Where an owner of multiply owned land, as is Te Horo 2B2B2B, builds a house on the land, the house if affixed to the land, forms part of the title to the land and belongs to all the owners of the land according to their respective shares. That is the legal position. However the Court has, in many such cases, using its equitable jurisdiction und...

4. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...162 Napier MB 287-289 (162 NA 287-289) 22 Takitimu MB 125 Procedural history [10] Mr Mansfield filed his application as foreshadowed on 2 November 2011. Following receipt the case manager, having sought directions, wrote to the trustees requesting that they file certain documents including minutes of the last annual general meeting, minutes of the last 3 trustees meetings, accounts for the last 3 years, copies of any leases of license and details of owner addresses. By the tim...

5. Koyama v New Zealand Law Society (Application by Defendant for Costs) [2013] NZHRRT 22 [pdf, 64 KB]

   ...proper for the Tribunal to wait until the completion of the process at the United Nations Human Rights Committee. I believe I have made it very clear on this matter. [18] We are of the view that it would be wrong to accede to this latest deferral request. It is now almost three years since the Tribunal decision was given on 19 July 2010 and experience shows that proceedings before the UN Human Rights Committee can be protracted. The delay involved will be measured not in months, but i...

6. Legal aid CPAI categories consultation response [pdf, 288 KB]

   ...2011 (Legal Services) New Offence Categories and related matters Consultation response P a g e | 1 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excl...

7. [2013] NZEmpC 196 Labour Inspector MBIE v Civic City Ltd [pdf, 94 KB]

   ...such as arrears of wages and holiday pay. [32] Another relevant consideration that was not originally touched on when the papers were filed, but on which further information has now been supplied to the Court, is the respondents’ response to requests or demands for compliance with the Authority’s determination. Even when, as here, a challenge is filed and served 3 (1989) 1 PRNZ 451. 4 [1996] 2 ERNZ 546. within time,...

8. [2014] NZEmpC 43 Booth v Big Kahuna Holdings Limited Interlocutory [pdf, 110 KB]

   ...defendant’s application for an order for security for costs and a stay is dismissed. The plaintiff’s application for a stay of execution of the Authority’s costs determination is granted, on the conditions set out above. Costs [32] At the request of both parties, costs are reserved. Christina Inglis Judge Judgment signed at 4.55 pm on 14 March 2014

9. Strike-Out Application Adams v REAA CAC 20009 & Ors [2014] NZREADT 34 [pdf, 44 KB]

   ...Consents for the properties advertised. f) Being misrepresentative in their advertising and marketing of the properties by offering the Building Consents and Design Plans contrary to right.” [6] In relation to that second complaint, the Committee formed the view that the issues raised were substantively similar to those which had been raised in evidence and submissions before us on the appeal to us from the first complaint or, alternatively, were matters which could have been broug...

10. Henaghan & Anor v CAC 20002 & Anor [2014] NZREADT 21 [pdf, 100 KB]

    ...Relevant Statutory Provisions on Publication [12] The Real Estate Agents Act 2008 requires the Registrar of the Authority to maintain a public register of those holding licences under the Act, which includes a mandatory requirement to provide information about any action taken on a disciplinary matter in respect of a licensee in the past three years, refer ss.63-66. [13] The effect of these provisions is that a Complaints Assessment Committee finding of unsatisfactory conduct, and any