Search Results

1. Taueki v Procter – Horowhenua (11) Lake (2013) 296 Aotea MB 91 (296 AOT 91) [pdf, 145 KB]

   ...land is in fact subject to a Māori Reservation then the provisions of section 338(12) will apply. That sections states that the trustees in whom any Māori Reservation is vested may “with the consent of the Court” 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; (h) unless there is an actual conflict of inter...

2. CAC 10037 v Walker [2011] NZREADT 4 [pdf, 84 KB]

   ...of his obligations to the Complainant with no indication of remorse or regret intimated to the Complainant or this Tribunal. [27] Accordingly the Tribunal makes an order pursuant to s 110(2)(b) of the Real Estate Agents Act 2008 cancelling the licence of the Defendant effective from the date of issue of this decision. [28] Had it been possible the Tribunal would have made an order for compensation to the Complainant but as the Defendant’s conduct was prior to the commencement...

3. Taipana - Taonui Ahuaturanga 3A2 Part (2017) 377 Aotea MB 282 (377 AOT 282) [pdf, 303 KB]

   ...is a matter which has been commented on by the lower Court on a number of occasions. In order to get around that difficulty some Judges grant an occupation order in favour of the trustees of a whānau trust with those trustees in turn granting a licence to occupy to the beneficiary of the whānau trust. As an alternative some Judges terminate or partially terminate the whānau trust and then vest shares back to those entitled. Those persons then gift shares to the non-owning applica...

4. Xu v Noon [2014] NZIACDT 113 (16 October 2014) [pdf, 130 KB]

   ...Overall evaluation of the professional offending [20] Given Mr Noon’s willingness to correct the deficiencies that occurred and the relatively low level of offending, a financial penalty is adequate and appropriate. Orders relating to Mr Noon’s licence or a imposing a training requirement is not necessary. 4 The financial penalty on this complaint [21] Mr Noon’s conduct in this matter was not trivial. If he had properly documented his engagement in the manner requi...

5. 2017 NZSSAA 054 (4 October 2017) [pdf, 97 KB]

   ...appellant’s situation, he could not read with the new glasses so took up the Ministry’s offer to see the preferred supplier and get reading glasses. [10] Since this point, the appellant has had the difficulty that when he tried to renew his driving licence he failed the eyesight test because the correction was not working to bring him to the necessary standard. Discussion [11] It is common ground that the only potential assistance available is under the special needs grant...

6. Mahanga v Sade - Horahora 1A1 (2017) 148 Taitokerau MB 237 (148 TTK 237) [pdf, 140 KB]

   ...[13] In determining the application for discovery, I am not being asked to decide whether any arrangement entered into between Ms Sade and Tahi is valid. That is a question for the substantive application. Clearly the existence of any lease, licence or other 148 Taitokerau MB 241 contractual arrangement is relevant to whether an injunction can or should be granted preventing Tahi from conducting business on the Horahora blocks. [14] The discovery sought under this categor...

7. CAC 519 v Saxton [2019] NZREADT 44 (31 October 2019) [pdf, 235 KB]

   ...may impose under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; Submissions [9] Ms Earl submitted for the Committee that conduct is in breach of r 6.3 if it is conduct that, if known to the public generally, would more likely than not lead members of the public to think that licensees should no...

8. 2019 NZPSPLA XXXXXX/2016 [pdf, 160 KB]

   ...investigate an alleged theft by one of the business’s employees. Both Mr and the person accused of theft are friends of Mr C. Mr R holds a current certificate of approval in the class of private investigator and his company, Limited, holds a current licence in the same class. [3] Section 74(2) of the Act states that a member of the public, such as Mr C, may only file a complaint with the leave of the Authority. Section 74 says that I should only grant leave if I am satisfied...

9. KI & QI v TX [2021] NZDT 1688 (10 December 2021) [pdf, 117 KB]

   ...times a day. Further they have been neighbours for several years. I find it more likely than not that TX would have known what KI & QI’s cat looked like. 14. I also accept that TX is familiar with firearms and is the holder of a firearm’s licence. I accept TX’s evidence that he shoots rabbits on his property and has shot ‘feral’ cats before. I accept that given his experience with firearms and given TX’s experience with pest eradication, TX is obliged to make absolutely...

10. [2021 NZACC 160 – Murphy v ACC (11 October 2021) [pdf, 158 KB]

    ...reinstate weekly compensation. ACR 152/10 [a] That the respondent advised Mr Murphy that he should drive to Queenstown from Dunedin to attend an appointment with an orthopaedic surgeon Mr Bruce Hodgson, when Mr Murphy did not have a driver’s licence; [b] That in 2013 Mr Murphy’s case manager Jenni Bruce advised Mr Murphy to seek help from a foodbank and the Salvation Army because the respondent did not wish to pay him weekly compensation; and [c] That Mr Murphy was severely...