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1. Karanga v Karanga - Mangamuka East H2 (2006) 112 Whangarei MB 23 (112 WH 23) [pdf, 1.9 MB]

   ...land is owned in common by several owners. There is no AllU Whenua Trust to manage the land. The owners of the land are entitled to use of the land in cOl~unction with each other. If they intend to alienate the land (which may include a lease or licence over part of the land of more than 3 years) then pursuant to Section l50C of the Act they can only do so if there is agreement of all of the owners or if there is a meeting of assembled owners under Part 9 of the Act. [28] I raise th...

2. BORA Advice Maritime Crimes Amendment Bill [pdf, 255 KB]

   ...warrant in the circumstances. 6 For example, R v Godoy [1999] 1 SCR 311. 7 See, for example, Cloutier v Langlois [1990] 1 SCR 158. 8 Such as a commercial activity carried out under conditional licence: see, eg, British Columbia Securities Commission v Branch [1995] 2 SCR 3; Simmons v R [1988] 2 SCR 495. 9 See, for example, R v Rao (1984) 12 CCC (3d) 97. 10 R v Williams [2007] NZCA 52, [2007] 3 NZLR 207, (2007) 23 CRNZ 1 at [123]...

3. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...occupy the block and submissions about negotiations were irrelevant. [24] Counsel for the appellants submitted that until such time that the trustees decided not to grant the appellants a lease, she was entitled to occupy the block either under a licence, as an owner, or, as a trustee. That may well be so but as from the time the trustees determined not to grant the appellants a lease and in turn to lease the block to a third party, she had no ongoing right to continue to occupy the...

4. Complaints Assessment Committee 404 v Hawkins [2017] NZREADT 35 [pdf, 193 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 [15] Mr Waalkens submitted for the Committee that the appropriate penalty is to censure Mr Hawkins, and to order him to pay a fine in the range of $4,000 to $5,000. He submitted that the primary conduct issue is Mr Ha...

5. Coma v Real Estate Agents Authority [2019] NZREADT 14 [pdf, 184 KB]

   ...[22] In Complaints Assessment Committee v Mc Donald, the Tribunal considered an application by the licensee (Ms McDonald) to remove decisions relating to her from the Tribunal’s website.3 Ms McDonald had been found guilty of misconduct, and her licence suspended, in 2014. In late 2018, she sought an order removing the Tribunal decisions from the website, and restraining further publication. The application was declined, but the Tribunal was not asked to (and did not) address the...

6. 2019 NZPSPLA 004185/2017 J Anstis [pdf, 136 KB]

   ...in addition to or instead of cancellation, I can: • Suspend Mr Anstis’s certificate • Order that he undergo training • Order that he work under supervision or work subject to certain conditions • Bar Mr Anstis from applying for a licence or certificate for a set period • Fine Mr Anstis up to $2000 • Reprimand Ms Anstis [30] There are no aspects of this complaint that call into question Mr Anstis’s technical ability as a security technician. He has worked in th...

7. Example Occupation Order. [docx, 43 KB]

   ...from the Parent Block boundary, in accordance with the building and resource consents obtained by the Occupier and approved by the Landowner(s). (c) Should the Site cover a portion of an unformed roadway, the Occupier must obtain from the Council a licence to occupy the portion of the unformed roadway within the Site. (d) The Occupier shall be liable to pay a reasonable contribution to the costs associated with upgrading the accessway if required due to future development of the Parent Block....

8. BU and others v KC [2021] NZDT 1712 (13 December 2021) [pdf, 152 KB]

   ...original position of the letterboxes is from the plan provided by the surveyor. The plan shows that the letterboxes were supported by a post and fence well into KC’s exclusive use area. At best, the cross-lease neighbours therefore had a temporary licence to put the letterboxes in that position. It was not a term of the cross-lease and could be revoked by KC at any time. I do not agree with the applicants that the letter from KC’s lawyer bound her into a contract to replace the letter...

9. HC & KP v QT [2023] NZDT 413 (10 July 2023) [pdf, 230 KB]

   ...is, a wooden fence was better than a corrugated iron fence because the wind could circulate through a wooden fence, but with corrugated iron, it was simply a wind barrier. This would increase the likelihood of it blowing down again. He said as a Licenced Building Practitioner, he would be unable to certify the structural integrity of the fence if repaired and not replaced. I accepted his evidence after I questioned him, and QT questioned him. 7. QT’s quotes indicated that the quo...

10. 20241211-Social-Security-Amendment-Bill.pdf [pdf, 196 KB]

    ...questionnaire. 10. Generally, jobseeker profile questionnaires require the benefit applicant, or their spouse or partner, to provide information relevant to potential employment, including their education and qualifications, languages spoken, driver licence details, and work experience. 11. This information is rationally connected to the purpose of jobseeker support, which is to provide income support on a temporary basis while recipients are supported to seek or prepare for employ...