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  1. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

    Recommendations Recap A summary of coronial recommendations and comments made between 1 October and 31 December 2020 Office of the Chief Coroner | 2020 (4) i Coroners’ recommendations and comments Coroners perform essential functions within our society. They inquire into a range of unexpected deaths to establish the identity of the person who has died and the cause and circumstances of their death. While inquiring into a d

  2. Nukutere Lands Trust v Trustees of Whitikau A1 – Opape 28 (2013) 70 Waiariki MB 272 (70 WAR 272) [pdf, 1.4 MB]

    ...finalised when this matter was last before the Court in 2011. The public is entitled to access this area for purposes consistent with the Covenant. [13] The Ngā Whenua Rahui Kawenata Covenant records that the trustees reserve the right to issue licences for grazing over the cleared areas of the Waiopu Valley and to retain the proceeds from such licences. Access through the Covenant area, however, appears to be restricted to walking, horse riding, cycling or motorbike riding. The...

  3. [2007] NZEmpC AC 44A/07 Tones v 3D1 Ltd [pdf, 52 KB]

    ...they could be surveyed for client satisfaction. [13] The agreement could be terminated upon payment of a month’s salary as notice in advance and all outstanding commissions. [14] Clause 33 provided that in consideration of the granting of the licence, both parties agreed that nothing should create any contract of employment, partnership, or joint venture between the parties. [15] The reseller did not become the owner of any intellectual property rights to the agreed software w...

  4. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

    ...own work will be a matter not only of the type of work but also the extent to which the person does that type of work when there is no strike. To a large degree this decision turns on its relatively unusual facts. It should not be taken as a licence to employers to break strikes by changing significantly the pattern of work normally performed by contractors or non-striking employees. Commercially sensitive affidavit evidence [32] We confirm the permanent order that we ma...

  5. [2006] NZEmpC WC 22/06 South Taranaki Free Kindergarten Association v McLennan [pdf, 59 KB]

    ...management of the organisation to the executive officer and senior teacher who comprise the board’s management team. The chief executive officer is Karen Nicholas who is responsible for administration and, as she also personally holds the licence from the Minister of Education, is responsible for ensuring that the kindergartens in the STKA region comply with early childhood and other regulations. [13] The senior teacher is Dawn Osman who is responsible for curriculum...

  6. Peita - Panguru C27A2 (2015) 104 Taitokerau MB 5 (104 TTK 5) [pdf, 212 KB]

    ...(and their respective spouses), and Thelma in relation to loans granted by the Crown to build houses on the land. 4 It appears these arrangements were not the subject of tripartite deeds where separate security is granted over the houses and licences to occupy issue.  In 1994 Hone sold the homestead on the land to his whanaunga, William and Priscilla Te Wake. As part of that arrangement, on 12 July 1994 the Court vested 2.5 shares in William and Priscilla pursuant to s 164...

  7. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

    ...There is nothing in writing which has been filed with the Court to confirm the support of those owners. If there is such support it is possible that this may give rise to other claims of occupation such as whether the Atama whanau were given a licence to occupy part of the block or whether equitable principles such as estoppel arise. Such arguments have not been put before me although I note that the Atama whanau have not had the benefit of legal advice or representation. This mat...

  8. Kong v Li [2015] NZIACDT 33 (23 March 2015) [pdf, 119 KB]

    ...engaged in the delivery of professional services to a degree that is far from universal in the regulation of professional service delivery. [18] 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 was a well-founded apprehension and an area where enforcement action has been...

  9. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

    ...Navarette-Scholes was a director. [19.3] She accepts the associate placed immigration documents in her office, and that she understood they were incomplete immigration documents, which were outside the area where the associate could provide services without a licence. [19.4] She also accepts that the complainant and the niece told her the associate had accepted money for Ms Navarette-Scholes’s services, and they wanted Ms Navarette- Scholes to account for the money. She had meetings wi...

  10. Varsanyi v CAC 10048 & McMillan [2012] NZREADT 78 [pdf, 125 KB]

    ...Acts that apply to the conduct of licensees; or (iii) regulations or rules made under this Act; or (d) constitutes an offence for which the licensee has been convicted, being an offence that reflects adversely on the licensee’s fitness to be a licence.” [29] Rule 6 of the Real Estate Agents (Professional Conduct and Client Care) Rules 2009 deals with standards of professional conduct. Rule 6.4 states: “6.4 A licensee must not mislead a customer or client, nor provide false...