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1. Martelli v The Real Estate Agents Authority (CAC 409) NZREADT 18 [pdf, 301 KB]

   ...directly put to the appellant by the Authority’s investigator, and the appellant was given the opportunity to respond to those questions. That said, though, counsel for the first respondent conceded that where there had been a breach of natural justice there may be justification for oral evidence being given on appeal. That concession is regarded as being appropriate by the Tribunal. [13] The view of the Tribunal is that what is being proposed here by the appellant is that she be...

2. Kemp v Matenga - Ngatarawa and Ohiti Waitio Land Trust (2016) 55 Takitimu MB 142 (55 TKT 142) [pdf, 187 KB]

   ...Rana McClutchie and Melanie Matenga. [21] I strongly recommend that those affected by the proceedings take legal advice. It should also be noted that the decisions of the Court, like any other Court, are published on the relevant Ministry of Justice website and will therefore be in the public domain. If Sandra Matenga and those affected by the application and the claims of overpayment and improper applications for grants and scholarships wish to make submissions in reply then they...

3. [2017] NZEnvC 004 Tram Lease Limited v New Zealand Transport Agency [pdf, 210 KB]

   ...the Resource Management (Forms, Fees, and Procedure) Regulations 2003 (the 2003 Regulations), be allowed to file an electronic copy of any s274 notice by email to the Court's dedicated email address for s 157 appeals (unitaryplan.ecappeals@justice.govt.nz), which may be signed or unsigned, in which case no hard copy needs to be filed with the Court. [7] A waiver of the usual requirement to serve a copy of any s274 notice on "all other parties".1 Instead, service of s2...

4. [2017] NZEmpC 83 Fuimaono v Houia [pdf, 82 KB]

   ...counsel referred expressly to that sub-section, both parties proceeded on the basis that the Court does have jurisdiction to order instalments in respect of financial remedies as well as for unpaid wages and holiday pay. I therefore approach the matters before me on the basis that there is no issue as to jurisdiction; the only question is whether this Court should in fact make orders that payments be made by instalments. 3 Fuimao...

5. Ward - Te Reti A37 (2005) 159 Aotea MB 133 (159 AOT 133) [pdf, 301 KB]

   ...metres in area. According to Mr Ward's evidence and that of the prospective purchaser, the property is somewhat run down and will require some investment to bring it up to a reasonable standard of accommodation. Status Change Application [11] Matters have now come to a head because Mr Ward and the Public Trust who administer the property, I understand, wish to sell the land at the earliest opportunity. As mentioned however, the prospective purchaser refuses to proceed with the...

6. Egden v Real Estate Agents Authority [2019] NZREADT 003 [pdf, 215 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 003 READT 067/14 IN THE MATTER OF An application under s 108 of the Real Estate Agents Act 2008 PETER EGDEN Applicant REAL ESTATE AGENTS AUTHORITY Respondent On the papers Tribunal: Hon P J Andrews (Chairperson) Mr G Denley (Member) Ms C Sandelin (Member) Submissions filed by: Mr J Simpson, on behalf of the Authority Date of...

7. LCRO 162/2019 SD, JK and DZ v RE (5 May 2020) [pdf, 92 KB]

   ...Mr RE’s reply of 18 November 2019 refers to the Court of Appeal decision and says the conduct that is the subject of the complaint was raised by counsel who appeared for NZLS in that forum. At its heart, Mr RE’s response is that none of the matters raised by the applicants is worthy of consideration, or reconsideration, and the complaint should be laid to rest. Review process [8] This review has been determined pursuant to s 205(1)(a) of the Lawyers and Conveyancers Act 2006...

8. Butcher v New Zealand Transport Agency (Joinder of Attorney-General) [2018] NZHRRT 52 [pdf, 173 KB]

   ...named as a party at the outset. The application acknowledges that the New Zealand Transport Agency is appropriately named as a defendant in light of the claim Mr Butcher seeks to make about driver licences. However, it is anticipated that as the matter proceeds, the Agency too will be represented by counsel for the Attorney-General. [4] While HRA, s 92G provides that the Attorney-General may appear and be heard in proceedings before the Tribunal in which it is alleged there has been a b...

9. X v S [2019] NZDT 1525 (20 November 2019) [pdf, 179 KB]

   ...paling fence on part of the boundary between their respective properties. TS and LS did not approve of what was proposed by TX and they have each issued a Cross Notice in opposition to TX’s proposal. TX seeks an order from the Tribunal determining the matters in dispute. [2] The applicable law is the Fencing Act 1978 (Act). Section 24 of the Act provides the Tribunal with wide powers in determining disputes under the Act. [3] At the first hearing it was agreed that a site visit shoul...

10. [2023] NZEnvC 072 Whangarei District Council v Robinson [pdf, 248 KB]

    ...that costs should not be used under section 285(1) of the RMA as either a penalty or as a route for pursuing a claim for any loss. If a cautious approach needs to be taken to the determination of a jurisdictional question which engages natural justice issues, then allowing time for that to occur (including the exercise of any right of appeal) ought not to result in an increased risk or an increased quantum of costs. The Environment Court has no jurisdiction to assess or award damag...