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1. CAC10073 v Philip Kenny Real Estate Ltd [2013] NZREADT 19 [pdf, 41 KB]

   ...regarding the retention of the funds. [30] There was reference to the licensee having made an early guilty plea and having acted throughout in a thoroughly contrite manner. [31] Mr Argyle particularly emphasised that any period of suspension of licence would not only affect the licensee defendant company and its managing director, but would also affect all the 11 real estate agents employed by it plus other staff. It was put: “If the defendant company is forced to suspend its oper...

2. BQ v YE LCRO 188 / 2010 (1 April 2011) [pdf, 117 KB]

   ...street. That the sale would result in a loss of developmental potential for the owners of another property in the street as a reduction in the width of the street would increase the front yard requirement for that property. That an encroachment licence rather than a sale would satisfy car-parking requirements. That a sale could restrict Council’s options to construct the street to a better standard in the future. [5] The last piece of correspondence with Council prov...

3. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...being engaged in the delivery of professional services, to a degree that is unusual in the regulation of professional service delivery. [30] It was foreseeable that some people who had formerly provided immigration services, and failed to gain a licence, would seek to have a licensed person “rubber stamp” their continuing activity in the industry. Unfortunately, this Tribunal’s work demonstrates that this was a well-founded apprehension, and an area where enforcement action has bee...

4. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

   ...from Mr M in terms of assisting her to make her claim on the estate. The difficulties arose in this, and indeed in some of the banking transactions because Ms G no longer had any form of verifiable identification, having destroyed her driver’s licence and having no current passport. The interest in the estate was a significant one and was expected to yield Ms G some $500,000 to $600,000. [14] Prior to the EPA becoming operative, Mr M’s evidence is that he and Ms G had had con...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. [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...