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1. AAE v ZZV [2012] NZDT 32 (18 May 2012) [pdf, 66 KB]

   ...removed. It has not been proved that AAE had been at the Plaza for that period of time when his vehicle was towed. However, whether or not that is the case, it seems to me that when the Plaza closed at 9pm, customers would have had an implied licence to stay there for a reasonable time to finish their business and return to their vehicles. I think it is reasonable that customers who had been using the car park for the legitimate purpose of being customers at the Plaza, and who wer...

2. Reid v CAC 10055 & Cottle [2011] NZREADT 10 [pdf, 89 KB]

   ...Court of Appeal is that the vendors are still the equitable owners. REMEDIES 10. The remedies available to the Tribunal are limited to those available at the time of offending (s 172 REA Act 2008). Those remedies are: cancel the agent’s licence, suspend or censure the agent or pay to the Institute a penalty up to $2,000. 11. It is submitted that the limited scope of the remedies available should not limit the Tribunal from finding that the Agent is guilty of misconduct...

3. CAC 20004 v Gardiner [2014] NZREADT 65 [pdf, 36 KB]

   ...the evidence speaks for itself and whatever Mr Gardiner’s motivation the text was plainly aimed at ensuring that anything illegal was moved from “The Barn”. Mr McCoubrey submitted that there was a nexus between the conduct and Mr Gardiner’s licence and that no real estate agent should be tipping off anyone so to prevent the Police from being able to carry out their duty. Mr Waymouth argues that the conduct does not amount to disgraceful conduct. [9] There is no doubt that Mr G...

4. 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...

5. 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...

6. [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...

7. 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...

8. 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...

9. 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...

10. 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...