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1. Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (2016) 54 Takitimu MB 164 (54 TKT 164) [pdf, 326 KB]

   ...comprised within a Māori reservation shall, while the reservation subsists, be inalienable, whether to the Crown or to any other person. [12] Pursuant to s 338(12) trustees are able, with the consent of the Court, to grant a lease or occupation licence of the reservation or of any part of it for any term not exceeding 14 years (including any term or terms of renewal), upon and subject to such terms and conditions as the court thinks fit. In addition, any lease granted pursuant t...

2. Ashcroft v Phillips - Mohaka A4 (2005) 180 Napier MB 210 (180 NA 210) [pdf, 222 KB]

   ...right to occupy the Mohaka A4 Block stems from the lease agreement, the answer to this question accordingly depends on the validity of the lease. 15. Leases of Miiori Freehold Land are defined in section 192/93 to include, inter alia, any sublease, licence, grant or other alienation conferring upon any person a right at law or in equity to the use or occupation of the land for any purpose. 16. A lease with a term of more than three years is an alienation of Miiori land for the purposes...

3. WVU v Real Estate Agents Authority Jurisdiction Objection [2014] NZHRRT 49 [pdf, 56 KB]

   ...Background [1] In 2013 the plaintiff entered a plea of guilty to a charge of misconduct brought before the Real Estate Agents Disciplinary Tribunal under s 73(a) of the Real Estate Agents Act 2008. As a consequence he was fined $1,500 and his licence cancelled for six months. 2 See Real Estate Agents Authority v Mr D [2013] NZREADT 23. In a subsequent decision given on 10 May 2013 a non-publication order was made suppressing the plaintiff’s name and any details likely to id...

4. NZCVS-Cycle-4-Core-Report-Section-6-Impact-of-COVID-19-pandemic-fin.pdf [pdf, 361 KB]

   ...of Justice. This document is available at https://www.justice.govt.nz/justice-sector-policy/research- data/nzcvs/resources-and-results/ Crown copyright © 2022 This work is licensed under the Creative Commons Attribution 4.0 New Zealand licence. You are free to copy, distribute, and adapt the work, as long as you attribute the work to New Zealand Ministry of Justice and abide by the other licence terms. Please note you may not use any departmental or governmental emblem, logo,...

5. Smith - Pekapeka 2A1D2B (2023) 103 Tākitimu MB 287 (103 TKT 287) [pdf, 231 KB]

   ...Puni Kōkiri helpfully appeared at this hearing. They confirmed that, if papakāinga funding is to be secured through the Kāinga Whenua loan process, an occupation order would not be a sufficient form of tenure. Instead, either partition or a licence to occupy would be the only available options. Further, a licence to occupy could be difficult to obtain over the block because there is no management structure for it. During the course of this hearing, the Court considered that a...

6. Hurricanes Crusaders Chiefs v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 128 [pdf, 266 KB]

   ...applicants refers to the decision in Bryson v Three Foot Six Limited8 and submits that the Court has overlooked relevant matters, being: (a) The evidence of Colin Mansbridge about the reality of what the applicants are able to do in contrast to the licence agreement. (b) That the activities described also fell under CU Code 78693, which is a code for administrative services (not elsewhere classified), including administrative services for sport. (c) Judge Beatie’s definition o...

7. [2023] NZIACDT 21 – WN v Lawlor (26 June 2023) [pdf, 140 KB]

   ...to everyone’s satisfaction. He would send confirmation of a refund early the following week. Mr Lawlor sent another email to the Authority on 28 March to say he had made arrangements to refund in full that week. He had decided to withdraw his licence renewal application and retire. He had found the experiences of the past few years with COVID and the circumstances in the profession too stressful. Complaint referred to Tribunal [21] The Registrar filed a statement of complaint (6...

8. [2024] NZEnvC 259 Williams v Nelson City Council [pdf, 232 KB]

   ...on the basis that the prerequisite that no party would be unduly prejudiced is not an impediment.7 However, a broader relevant dimension to my exercise of that discretion is that I need to be satisfied that granting the waivers would not give licence to any breach of the law. [16] Mr Williams has not so far assisted me on that. In particular, he has not offered any views on whether he has any arguable case for existing use rights. In view of that, I am prepared to grant him waive...

9. 2024 NZPSPLA 044.pdf [pdf, 69 KB]

   ...under s 62 of the Act and therefore a mandatory ground for the cancellation of Mr Kimura’s certificate. [3] Mr Kimura has neither applied for waiver of the grounds for disqualification nor provided any submissions as to why his certificate and licence should not be cancelled. In addition, he has not filed any opposition to complaint being dealt with on the papers. [4] Based on the evidence before me I am satisfied that grounds for disqualification apply to Mr Kimura and becaus...

10. 2024 NZPSPLA 109.pdf [pdf, 71 KB]

    ...he has not applied for it to be renewed. As Mr Jama is no longer a certificate holder his certificate cannot be cancelled. [4] Therefore, rather than cancelling Mr Jama’s certificate I make an order barring Mr Jama from applying for a new licence or certificate for two years from the date of this order. DATED at Wellington this 28th day of November 2024 P A McConnell Private Security Personnel Licensing Authority