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1. Regulatory Systems (Justice) Amendment Bills

   ...Family Court and the Employment Court. The Regulatory Systems (Tribunals) Amendment Bill makes amendments to five Acts. The amendments will impact the Disputes Tribunal, Motor Vehicle Disputes Tribunal, the Tenancy Tribunal, the Private Security Personnel Licencing Authority, and the Parole Board. The amendments in this Bill will remove barriers to accessing justice, simplify the appointment processes to tribunal bodies, and clarify and resolve inconsistencies in the legislation. The Regulatory...

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2. [2022] NZEmpC 234 A Labour Inspector of the Ministry of Business, Innovation and Employment v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 685 KB]

   ...defendants submit that $330,000 is more appropriate given the concessions made by them. [13] Likewise, Mr Sharma, counsel for the defendants, says that banning orders are not necessary as the businesses have been sold and are unable to obtain liquor licences. The plaintiff proposes banning orders of between four and six years for each company and Sukhdev Singh. 8 Holidays Act 2003, s 82. Issues [14] The Court heard evidence from the affected employees themselves and...

3. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...High Court to a private body and no consultation on this proposal has been undertaken.  6  Copyright Tribunal  Status Quo  38. Part  8  of  the  Copyright  Act  1994  gives  the  Copyright  Tribunal  jurisdiction  to  assess  the  reasonableness  of  copyright  licensing  schemes  or  copyright  licences  that  are  offered  by  copyright collecting societies.  It has the power to rewrite existing conditions (including the  fees pa...

4. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

   ...existence at the time of their appointment. He referred to the judgment of Radaich v Smith (1959). 6 It was his submission that in order for Hiakita to occupy the house, he would need a tenancy agreement from the owners, and he would need a licence to occupy, or an order from the Māori Land Court granting him occupation and access rights. [11] Mr Handley then called and led evidence from Huia Joan Peters and Mr Matekoraha (Mac) Oneroa Eruera regarding what they had observed on...

5. Waimana 1C1A2B2 Trust v Tuna – Waimana No 1C No1A No2B No2 (2013) 76 Waiariki MB 19 (76 WAR 19) [pdf, 159 KB]

   ...s 222(4) appointing Hapimana Hori as an advisory trustee, conditional upon his consent to appointment being filed within 2 months. [46] Pursuant to s 238(2) and the Waimana 1C1A2B2 Ahu Whenua Trust Order, the trustees are directed to issue a licence to occupy in favour of Wharenui Tuna over that area where his shed and concrete platform is located (no more than 1100 square metres and to set aside the small area as an ūrupa where his son’s grave is situated). [47] Mr Tuna is to...

6. Ikbarieh v Hammadieh [2014] NZIACDT 49 (15 April 2014) [pdf, 168 KB]

   ...have a logo or identification, there was no legal entity named as a party. “Limited”, “Pty”, “LLC”, or a similar identification of a corporate body did not accompany the name of the entity. The adviser is named as a party, but without his licence number. [30] Further, the agreement contained unprofessional elements such as purporting in the “fine print” that the service provider could use the complainant’s “general information and visa grant for promotional purposes...

7. Heng v Yap [2014] NZIACDT 65 (28 May 2014) [pdf, 175 KB]

   ...determination that the adviser breached the Code by allowing unlicensed employees to provide immigration advice are: [12.2.1] The adviser was the only person in his practice who could provide immigration advice lawfully, as he was the only person holding a licence. [12.2.2] The adviser had limited contact with the complainant, and unlicensed employees gave the initial advice, prepared the EOI application, and assessed the points the complainant could claim. 4 The Adviser...

8. Bartlett - Part Lot 1 Deposited Plan 696 (2017) 61 Takitimu MB 34 (61 TKT 34) [pdf, 354 KB]

   ...for the construction of roads, if the court considers that to be necessary to satisfy a condition or requirement of a subdivision consent. (6) No vesting order shall be made under this section in respect of any land which is subject to any lease, licence, mortgage, charge, or other encumbrance. (7) Where any land proposed to be dedicated or set apart under this section is subject to any lease, licence, mortgage, charge, or other encumbrance, the court, with the consent of the person...

9. Kristina-Lorraine Brook v Complaints Assessment Committee 403 & Jason Hynes [2017] NZREADT 48 [pdf, 230 KB]

   ...Complainants doubt it was a multi offer); (i) provided no in house complaints procedure; and (j) did not advise them they could contact the REAA. [9] The remedy sought was for compensation to mitigate their loss, cancellation of Mr Hynes’ licence, and publication of his name. 3 Substantive decision, at paragraph1.6. The Committee’s decisions Mr Graham [10] The Committee accepted Mr Graham’s statements that he was...

10. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [pdf, 186 KB]

    ...refund of all his expenses. [25] There was an exchange of emails between the Authority and Ms Emberson in response to the former’s request for the file concerning the complainant. Ms Emberson pointed out that s 57 of the Immigration Advisers Licencing Act 2007 (the Act) limited the Authority’s powers of inspection to documents “in that person’s possession or under that 5 person’s control”. The file was no longer in her possession or control. She had left all the...