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1. ENVC Hearing 6Oct14 WML rebuttal Philip Wardale [pdf, 631 KB]

   ...particularly if it is an older mooring) and need to be periodically maintained (the maintenance state of the mooring also not being evident from the surface). 22. This contrasts with the management of a marina berth under a standard marina berth licence where the sublease of a marina berth for long or short periods is allowed for and is common practice in most marinas where demand exists. The presence of a marina manager enables this process to be efficiently and safely arrange...

2. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...the lease. [2] The applicants also raise various concerns as to the administration of the Trust including issues over proper process, the future use and development of the land, the rights of beneficial owners, proposals for owners to receive a licence of the land and related matters. [3] Richard Clarke, the chairperson of the Trust, says that while the trustees would strongly prefer that the issues be resolved between the trustees, both he and Hepa Akuhata Brown do not 31 Taira...

3. CAC406 v Scheirlinck & Anor [2015] NZREADT 92 [pdf, 155 KB]

   ...1.3 Dynamic Management Limited (DML) managed rental properties. Mr Scheirlinck and Mr El-Ghalayini were co-directors and Mr El-Ghalayini was the sole signatory for the company. 1.4 During the relevant period, Mr Scheirlinck held an agent’s licence, and Mr El- Ghalayini held a salesperson’s licence. 1.5 DML operated three bank accounts: (a) An account labelled ‘Trust Account” with the account number 06-0294- 0169804-01; (b) An account labelled “Trading Account”, w...

4. Penalty Davenport v REAA CAC 20005 & Anor [2014] NZREADT 38 [pdf, 50 KB]

   ...licensee”) appeals against the penalty determination of Complaints Assessment Committee 20005 which found that she had engaged in unsatisfactory conduct in terms of the Real Estate Agents Act 2008 as outlined below. She holds a salesperson’s licence and at the relevant time was working for Property Brokers Ltd, Foxton. Background [2] Alison Shaw (“the complainant”) viewed a property at 21 Cook Street, Foxton with the licensee on 12 October 2012. The licensee informed the com...

5. CAC304 v Drever [2016] NZREADT 27 [pdf, 163 KB]

   ...defendant has limited resources and would like to apply those to the most serious Van Eijk allegation. To defend all three would necessitate allocation of resources to each complaint. (ii) The defendant has said that he will seek suspension of his licence until resolution of the current complaint. (iii) His father is terminally ill with cancer and the defendant is his primary caregiver. (iv) Because of the offer to suspend his licence there is no issue of public safety. (v) The...

6. SNH v New Zealand Law Society [2009] NZLCDT 2 [pdf, 107 KB]

   ...confirmed that the counsellor who he was attending in October 2007 classified him as being “in remission”. Further in October 2007 Mr H had completed a number of assessments including the medical assessment necessary to achieve the return of his licence from the secretary of Land Transport. He was able to resit and had regained his driver’s licence after some 15 months without it. [8] Mr H’s evidence to the Tribunal was that up until the incident in November 2007 the the...

7. Mhatre v Gokhale [2017] NZIACDT 13 (29 August 2017) [pdf, 130 KB]

   ...complainant’s partner indicating she supported the application; that form was missing. [1.6] The adviser did not inform the complainant that the partnership-based temporary visa application had been returned. [1.7] On 10 November 2016, the adviser’s licence expired. 3 [1.8] On 15 November 2016, the complainant made enquiries about his application and was informed by Immigration New Zealand that the adviser had lodged both an online post-study work visa applica...

8. Couch - Rapaki Māori Reservation 875 Section 8B1 (2021) 69 Te Waipounamu MB 235 (69 TWP 235) [pdf, 260 KB]

   ...that which is essential rather than that which is simply desirable or expedient.12 In order to consider whether the partition is necessary, I must also consider whether there are reasonable alternatives to partition, such as an occupation order, or licence to occupy. [27] The applicant and her father both currently have occupation orders in respect of the land.13 The applicant gave evidence that she not been able to obtain finance for the build with an occupation order. She produced...

9. Tau - Kaiapoi Section 149B (2020) 62 Te Waipounamu MB 169 (62 TWP 169) [pdf, 264 KB]

   ...that which is essential rather than that which is simply desirable or expedient.8 In order to consider whether the partition is necessary, I must also consider whether there are reasonable alternatives to partition, such as an occupation order, or licence to occupy. [31] The reason for applying for a partition order is that Mr Tau wishes to build several dwellings on the land, including a house for his youngest son, Leyton. In regard to the kāinga

10. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [pdf, 220 KB]

    ...the disciplinary process. He has offered no explanation to either the Authority or the Tribunal. BACKGROUND [4] Mr Timothy James Malcolm is a former licensed immigration adviser. He practised under the name TM Immigration, in Auckland. His licence expired on 3 February 2021. [5] The complainant is TI, a national of Germany. She arrived in New Zealand in 2015 and worked as a teacher on temporary work visas from 2016. At the relevant time, her visa was due to expire on 11...