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  1. Davis - Ahipara A8B (2014) 88 Taitokerau MB 186 (88 TTK 186) [pdf, 152 KB]

    ...long as it does not interfere with the rights of her fellow owners. If she wishes to achieve some certainty about the use of a greater area, she can always get the written agreement of her fellow landowners or enter into some sort of lease or licence. That is up to her to pursue. Orders [20] Accordingly, I invoke s 37(3) of the Act and make the following orders: 88 Taitokerau MB 192 (a) section 322 of the Act cancelling the roadway order over A8A1, A8A2 and A8B dated...

  2. Opai - Kohatutaka 6A10D2C (2014) 93 Taitokerau MB 6 (93 TTK 6) [pdf, 238 KB]

    ...sometimes exists between utilisation and retention. I do not consider, given the degree of urbanisation of the owners that there remain opportunities to work together across the different branches of the whānau by establishing a trust and granting licences to occupy or by the Court granting occupation orders. [24] Thus, I find that the partition is necessary to facilitate the effective operation, development, and utilisation of the land and that there is no reasonable alternative...

  3. The Trustees of Oweta 4B v Riki - Oweta 4B (2012) 21 Tairawhiti MB 190 (21 TRW 190) [pdf, 166 KB]

    ...was held on 17 October 2011 and was chaired by the Registrar. Issues were discussed pertaining to: (1) the administration of the trust and the roles and responsibilities of the trustees; (2) the differences between an Occupation Order and a Licence to Occupy in relation to Scott Riki and his garage-bach; and (3) the replacement trustee for Tokotoru Riki. [17] At the meeting it was moved and passed that the Trust continues with owner trustees. There were nominations for the...

  4. Singh v the Registrar of Immigration Advisers [2016] NZIACDT 25 (17 May 2016) [pdf, 140 KB]

    ...the fees were fair and reasonable; the Registrar said Mr Singh should use the adviser’s internal complaints procedure. She took account of, an offer of a partial refund, there had been no previous complaints against the adviser and he held a full licence since 2009 and there was evidence the adviser assessed options and he provided checklists. She said the fees were at the higher end of the scale, but not necessarily excessive. Further, that the adviser recognised there were deficiencies...

  5. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

    ...[7] However, the adviser’s response is surprising. She has neither accepted responsibility in whole or in part, nor addressed the grounds of complaint. She faces a serious complaint; if upheld, it will potentially result in orders affecting her licence, require her to personally repay the whole of the fees to the complainant, and potentially make her liable to a substantial monetary penalty. Interim Consideration of the Complaint [8] This Tribunal is required to decide matters on...

  6. [2021] NZEnvC 199 Aokautere Land Holdings Limited v Manawatu-Wanganui Regional Council [pdf, 214 KB]

    ...notice". If it was intended that there be a right of appeal only as to the validity or the process of the decision-making by the Council on an application to cancel an abatement notice, that language would appear in the enactment. There is no licence to read in a limitation as sought by the Council. 7 Aokautere submitted that s 325A(7) expressly authorises the bringing of an appeal under s 325(2) in circumstances where it may not otherwise be in time. [20] Aokautere submitt...

  7. Marshall v IDEA Services Ltd (Costs) [2021] NZHRRT 28 [pdf, 141 KB]

    ...disregarded in making an award of costs under the rules in favour of or against the incapacitated person. [29] Our conclusion is that neither party should be awarded costs. [30] Mr Glen Marshall should not take comfort from this result. It does not give licence to litigate in a manner unconstrained by a duty to act responsibly. DECISION [31] All applications for costs are dismissed. .......................................... Mr RPG Haines ONZM QC Chairperson ......

  8. Dobson - Edgecombe Block X Section 12B (2022) 75 Te Waipounamu MB 211 (75 TWP 211) [pdf, 251 KB]

    ...block. The injunction also applies to any of Mr Patete’s invitees or delegates. For the avoidance of doubt, the injunction is to remain in place until Mr Patete has received consent or permission to build on the block from the trustees by way of licence, lease, or similar. 75 Te Waipounamu MB 218 The foregoing order is to issue immediately pursuant to rule 7.5(2)(b) of the Māori Land Court Rules 2011. I whakapuaki i te haurua mai i te kotahi karaka i Pōneke, o te rā t...

  9. AM v JO Ltd & Ors [2024] NZDT 496 (4 June 2024) [pdf, 206 KB]

    ...immigration and job seeking services. The second was between AM and MA and TA for accommodation. 9. JO Ltd said that it was engaged to assist with immigration and job searching as well as “settlement services” such as obtaining drivers’ licences, providing information about New Zealand maternity and education systems as well as transportation to various appointments. 10. AM strongly rejected this description of the services. He said he had never heard about “settlement ser...

  10. 2024 NZPSPLA 024 pdf [pdf, 168 KB]

    ...his training/supervision was not sufficient to ensure he was respecting them appropriately. [14] Given this finding, I turn to the Police submission that this amounts to misconduct. Section 4 of the Act defines misconduct as being conduct by a licence holder “that a reasonable person would consider to be disgraceful, wilful or reckless or conduct that contravenes the Act”. [15] The threshold for misconduct is high as it is reserved for the most serious of security workpl...