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1. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

   ...orders of censure and rectification. The Committee directed publication of its decision under s.78(h) of the Act. Orders under Section 108 [3] The Act (s.63) requires the Registrar of the Authority to maintain a public register of those holding licences under the Act, and providing information about, inter alia, any action taken on a disciplinary matter in respect of a licensee in the past three years. Accordingly, a Complaints Assessment Committee finding of unsatisfactory conduc...

2. BORA Land Transport Amendment Bill [pdf, 294 KB]

   ...being advised of the result. New s 70A does not extend that right to drivers whose breath test exceeds 250 but does not exceed 400 micrograms. An exception is provided for a driver who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence (to preserve the existing position in the Act). 6.Section 77(1) of the Act creates a conclusive presumption that the proportion of alcohol in the defendant’s breath at the time of an alleged offence is...

3. BORA Trans-Pacific Partnership Agreement Amendment Bill [pdf, 187 KB]

   ...the following enactments: a. Tariff Act 1988 – to enable the preferential tariff rates, and safeguards and other procedures in the TPP Agreement; b. Dairy Industry Restructuring Act 2001 and Dairy Industry Restructuring (Transfer of Export Licences) Regulations 2007 – to implement an export licence allocation system for country specific quota access; c. Customs and Excise Act 1996 – to allow NZ Customs to issue advance rulings on valuation of imports; d. Hazardous Substances...

4. [2019] NZREADT 56 - CAC 521 v Wright - Penalty (10 December 2019) [pdf, 141 KB]

   ...of misconduct under s 73(a) of the Real Estate Agents Act 2008 (disgraceful conduct) (“the Act”).1 The Tribunal recorded in that decision that had it been open to the Tribunal to do so, it would have ordered cancellation of Mr Wright’s licence under the Act.2 As Mr Wright had surrendered his licence, cancellation was not available. The Tribunal ordered Mr Wright to pay compensation to landlords and the Agency, in respect of payments of bond money and rent misappropriated...

5. D Ltd v EB Ltd [2019] NZDT 1514 (13 August 2019) [pdf, 130 KB]

   ...were being charged for. [11] EB Ltd also pointed out that in October 2017 an email was sent by EB Ltd to D Ltd advising that there were 28 computers in the network. The email advised that seven of the computers were spare but required anti-virus licences as and when they came back onto the network. EB Ltd provided a quote to D Ltd for 28 licences which was accepted by D Ltd in an email dated 11 October 2017. In D Ltd’s Schedule E a total of 19 Computers only is shown for the same month...

6. HN v N Ltd [2023] NZDT 146 (16 June 2023) [pdf, 212 KB]

   ...Reasons: 2. HN had an appointment to see a doctor at N Ltd on 14th June 2022 to obtain a driver’s medical certificate. The appointment went as planned where a few checks were completed, and a form was filled which would assist HN with his driver’s licence. 3. After the appointment, HN was given an invoice for $98 by the reception at the clinic which is the subject of this dispute. 4. HN is of the view that this fee should be $50 in line with the other appointments he has had...

7. DI v NI [2022] NZDT 251 (5 December 2022) [pdf, 214 KB]

   ...with outdoor living areas, unlined walls and two containers with door openings. They disagree that it gives them the value and benefit DI proposes it gives. 22. The Tenancy Tribunal pointed out that NI and TF own the property and at best DI had a licence to occupy. This was not formalised in a contract and gave NI and TF the legal right to end the licence to occupy at any time. CI0301_CIV_DCDT_Order Page 3 of 4 23. I acknowledge DI feels hurt and angry – he made that clear in...

8. JD v SL [2023] NZDT 364 (20 July 2023) [pdf, 185 KB]

   ...crash. SL had driven her car into two cars parked on the side of the road. JD and SL got out and rang the police as JD was concerned about the damage to the petrol line of one of the cars. At this point SL told JD that he did not have a driver’s licence. 4. JD’s car was not drivable and was towed away by [towing company]. The car was written off. Although JD’s car was insured for $5,000.00, the insurance company would not accept a claim as the damage occurred while the car wa...

9. Te Muunu v Rakete - Punakitere 4J2B3A (2024) 283 Taitokerau MB 1 (283 TTK 1) [pdf, 217 KB]

   ...There is no formal agreement in place between the trustees and Jimmy authorising him to occupy this site. However, they do not object to him continuing to occupy the site. This permission from the trustees to occupy that site amounts to a bare licence. A bare licence is a precarious position as it can be revoked by the trustees at any time. [13] The trustees only agree to Jimmy occupying the site of his original occupation order. He does not have permission to erect any buildi...

10. ENVC Hearing 6Oct14 s274 evidence chief Janet Moore Appendix 3 Makgill [pdf, 303 KB]

    ...(‘Occupation of the Coastal Marine Area’) analyses occupation of the coastal marine area under the RMA. It shows that occupation involves three elements: that it is necessary, to the exclusion of others and without resource consent would require a lease or licence. Occupation confers private use rights on consent holders to exclude other persons from the area of land that is occupied. Bearing in mind the national importance of public access, however, the Courts machinery, or the unwa...