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1. BORA Land Transport (Speed Limits Validation) Bill [pdf, 301 KB]

   ...bylaws imposing speed limits (“the relevant period”). 12. Section 32 of the Land Transport Act 1988 states that: “A person commits an offence if the person drives a motor vehicle on a road while disqualified from holding or obtaining a driver licence”. 13. Disqualification in this scenario may result wholly or partly from the imposition of demerit points during the relevant period. The legislation does not retrospectively make the act of “driving while disqualified” an of...

2. Rountree - Kohatutaka 6A4A (2008) 127 Whangarei MB 163 (127 WH 163) [pdf, 294 KB]

   ...nephew and, although Para ire expressed SUppOlt for his nephew remaining in the homestead in 1997, he no longer does. He also 127 Whangarei MB 166 explained that he had understood from Judge Spencer that upon Whatia Rountree's death any licence in respect ofthe homestead came to an end. [11] Tony Rountree felt that as the order in 1992 determined the homestead to be his father's, it should now belong to him and his sister. He also explained that he had been living in t...

3. [2018] NZEnvC 047 Warwick Hansen The Haupouri Partnership v Hastings District Council [pdf, 277 KB]

   ...jurisdiction is limited by legislation, and it does not have the necessary jurisdiction of a District Court, or in relation to the property matters raised, the High Court, to determine either contractual disputes or disputes arising from interests or licences over land under the Property Law Act 2007. [9] The Appellant further submitted that Aubreyf, on which the s 274 parties had previously relied, cannot be used as authority for the Court to effectively impose an access way over...

4. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 KB]

   ...of the Bill provides that the chief executive or a person authorised by the chief executive may enter any place (other than a dwelling-house or marae) for the purpose of monitoring and ensuring compliance with the rules for the allocation of export licences to multiple participants for designated markets. The powers of the chief executive and the authorised officers include inspecting and examining anything at that place which relates to the obligations and duties under the Act, questioni...

5. Te Kanawa v Earle - Pukehina M Section 1B No 3 (2018) 193 Waiariki MB 151 (193 WAR 151) [pdf, 278 KB]

   ...occupation of a section comprising an area of approximately 1818 square metres of the Māori freehold land known as Pukehina M1B3 Block. 2.2 The respondent, Rocky Tangataware Galvin is in possession of the said block without right, title or licence. [8] I heard the matter on 2 February 2017.6 At the conclusion of the hearing, I adjourned the application on the basis that the parties were to engage a mediator to resolve the issues, with those costs to be paid from the Māori Lan...

6. Rahim v The Real Estate Agents Authority (CAC 416) and Dowdle, Stempa and Eves [2018] NZREADT 39 [pdf, 174 KB]

   ...in its decision that the carpark issues were the “last straw”, which led the complainants to make the complaint. 1 The Committee noted in its decision that Mr Stempa voluntarily suspended his licence in mid- 2017. The Committee’s decision [7] Pursuant to s 79(2)(e) of the Real Estate Agents Act 2008 (“the Act”) the Committee decided to investigate the complaint. In the course of its investigation the Committee decid...

7. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...the contrary, that they do have authority to call a poll vote at the meeting. An arguably tenuous analogy as to ~r 230 320 Rotorua MB 231 the arguments of the objectors would be that the trustees have the power to grant a lease but not a licence. That could not be COiTect. [17] As a critical remedial step we consider that it is both appropriate and necessary that the trustees take to the owners at the next general meeting a recast clause for the bust order on voting to clari...

8. Ashcroft v Phillips - Mohaka A4 (2005) 179 Napier MB 254 (179 NA 254) [pdf, 1.2 MB]

   ...Block; (ii) That on 3 April 2005 Bessie Phillips, Rihi Moore, Sam Gemmell, and Nicky Gemmell mustered all the Applicant's cattle and drove them down the road on to the Mohaka B10 Block. (iii) That Bessie Phillips is without right, tilie, or licence to take possession of the Mohaka A4 Block. Minute Book: 179 NA 255 Background 3. Mohaka A4 Block comprises 536.1242 hectares and is located on the East Coast of the North Island north of Wairoa. There are 37 beneficial owners in...

9. Tauranga District Council - Lot 1 DPS 86263, Part Mangatawa Papamoa Block and Lot 1 DPS 86263 (2007) 87 Tauranga MB 288 (87 T 288) [pdf, 378 KB]

   ...A Maori incorporation that executes an instrument of alienation of Maori freehold land must - ( a) if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part 8; and (b) if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 yeas (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument. [12] By...

10. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

    ...Tribunal is established pursuant to s 100 of the Real Estate Agents Act 2008. Its functions are set out in s 102 of the Act, and are: (a) to hear and determine any application made by a Complaints Assessment Committee for the suspension of the licence of a licensee pending the determination of a charge that the Committee has laid against the licensee (b) to hear and determine any charge against a licensee brought by the Committee (c) to hear any appeal under section 111 agains...