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1. Mikaere v Mikaere - Manaia No 6 (2018) 162 Waikato Maniapoto MB 168 (162 WMN 168) [pdf, 295 KB]

   ...on 6 July 2017.1 Stanley’s shares were vested in Jamieson but because Margaret Mikaere was not a member of the preferred class of alienees she was unable to succeed to any interest in Māori land, although she might have some sort of informal licence to occupy the house. [3] Sybil Mikaere also brought a succession application in respect of Stanley’s interests.2 That application was heard on 21 August 2017 and dismissed because the succession had already been determined at the e...

2. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

   ...each owner was at law entitled to the use of the whole land, that is, there were no separate areas. However, notwithstanding the position at law, owners invariably agreed on the allocation and use of land without resort to legal tools such as licences, leases or orders of the Court. Such arrangements may be expected in relation to any land in multiple-ownership. In respect of Māori freehold land, these arrangements may be regarded as a form of tikanga. … [43] Consequently, th...

3. Maxwell - Pakanae 2AA2 (2005) 102 Whangārei MB 94 (102 WH 94) [pdf, 1.4 MB]

   ...parlicularly where there is 8n objection from anothor owner. The legal ownership of the block is in shares - not equal shares but some owners have B groater ownership than others. The Court can only grant interests in the land (by order creating 8 licence) in proportion to that ownership interest. In this case the applicant has a minimal interest in ownerShip. Accordingly the ownership Issue preveils over Ihe Court being able 10 be more flexible by applying likanga consideration - expla...

4. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...the trust lands are being properly managed at all times in accordance with their duties.9 Added to that is the reality that the late Mrs Hunia’s interest in this land was not formally separated out from the block by way of partition, lease or licence, it would appear. There may have been an understanding that, if the parts of the block were separated geographically, by a road or waterway for example, then a practical allocation of interests, rights and proceeds may be a considerati...

5. [2020] NZEnvC 112 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 1.2 MB]

   ...basin. (12] In summary: these consents, since they are not connected to the Lindis River, may commence immediately provided any existing consents (for takes from the same source) are first surrendered. We consider that at first sight any existing licence to take water from the Tarras Race should be surrendered also (although we are uncertain about both whether that is necessary and about the mechanisms for achieving such a surrender since the water permit is held by LIL and the farm...

6. [2020] NZREADT 08 - Bond (25 February 2020) [pdf, 154 KB]

   ...misconduct, Ms Bond has admitted that her conduct as described in paragraph [10], above constituted breaches of rr 13.1 and 13.13 of the Rules of the Real Estate Institute of New Zealand (“the REINZ Rules”), of which she was a member by virtue of her licence under the 1976 Act. These Rules provided: 13.1 Members shall always act in accordance with good agency practices, and conduct themselves in a manner that reflects well on the Institute, its members, and the real estate pr...

7. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

   ...case may require, without any conveyance, transfer, or other instrument of assurance, together with all rights and remedies (if any) to which the owners were entitled in respect of the land immediately before the vesting but subject to any lease, licence, mortgage, charge, or other encumbrance to which the land or assets may be subject at the date of the making of the order, and the fact that the land or other assets is or are held by that person or those persons on trust shall be sta...

8. [2022] NZREADT 8 - EX & XN v REAA (5 May 2022) [pdf, 204 KB]

   ...The evidence of the licensee and her manager to the Authority [14] A detailed statement (“Response”) of the licensee (1 March 2021) was provided to the Authority. [15] The licensee stated that she had only just obtained her salesperson’s licence, on 5 June 2020. It was correct that she was a personal friend of the vendor. She was aware the vendor’s husband had committed suicide at the property. When she discussed listing the property with the vendor on 25 June 2020, she...

9. 2021-06-29 - ORC - MOC - Submissions in relation to the Vires of Proposed Amendments regarding Priorities [pdf, 183 KB]

   ...grant permits.13 The High 12 Hampton v Canterbury Regional Council [2015] NZCA 509. 13 Aoraki Water Trust v Meridian Energy Ltd [2005] 2 NZLR 268 (HC) at [28]. 8 Court in Aoraki Water Trust noted that the RMA effectively prescribed a licencing system.14 Condition being volunteered by the applicant 34 In this case, the Council submits that the proposed consent conditions meet all relevant requirements in order to be considered intra vires. However, for completeness, a...

10. [2023] NZEmpC 205 Supercity Towing Ltd v Huch [pdf, 216 KB]

    ...Mr Huch was offered employment with Supercity in September 2015. Initially, the offer was for him to be employed as a recovery vehicle operator and driver, a position that required Mr Huch to have and maintain a V endorsement on his driver’s licence. Mr Huch did not obtain the necessary V endorsement. Supercity was still prepared to employ him, however, but as a carpark monitor. In that role, Mr Huch identified and clamped cars that were unlawfully parked. [4] The original empl...