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1. 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...

2. Arama - Whatitiri 13B2B2 (2013) 69 Taitokerau 158 (69 TTK 158) [pdf, 114 KB]

   ...the Court cannot partition productive farm land such as this because of a vague desire to establish housing. More to the point, if and when the applicants develop a concrete proposal for housing then it can be achieved by occupation orders or licences to occupy. Partition is simply not necessary for housing to be established on the land. [30] There is otherwise no practical reason for a partition. Mandatory considerations – section 288(1) [31] Clearly the bulk of the owners...

3. Gough-Pataua 4B (2011) 19 Taitokerau MB 1 (19 TTK 1) [pdf, 160 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. [38] Thus, the tikanga t...

4. Pollett v REAA (reserved decision) [2013] NZREADT 4 [pdf, 49 KB]

   ...found that Mr Brown, who operates Browns Real Estate Ltd, had engaged in unsatisfactory conduct and made similar orders against him, except he was ordered to pay a higher fine of $4,000. [3] Mr Pollett has voluntarily suspended his salespersons licence from 31 October 2011 until 1 April 2015 and now seems to work in Australia. Background [4] The Licensee admitted that he showed a prospective client through a property at 85 Vintage Lane, Waiheke Island, without an agency agreemen...

5. FU v UN LCRO 244 / 2010 (6 October 2011) [pdf, 89 KB]

   ...generated by the companies were to belong to FU. FV resigned as a director of both companies on 18 October 2009. [5] It is not necessary to recite all of the terms of the agreement, but the relevant facts are that the mould and the manufacturing licence for the ACC remained the property of ACA, the shares in which were then fully owned by FU, and he became the sole director. [6] A partially built ACC was to be shipped to FV and FW. It was a term of the agreement that this partia...

6. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...franchise system and the franchise image following - (no image included). The installation and/or application of the authorised products and related products for customers in the territory’. 52. The exclusiveness was confined to the territory, the licence to use the marketing and other assets of the franchisor were non-exclusive. The use of the signs relating to Wet-Seal was prescribed. Marketing was managed by Wet-Seal. 53. Purchase of materials and supplies was controlled by the fr...

7. Rewita - Opape 5A2B2 (2009) 111 Ōpōtiki MB 71 (111 OPO 71) [pdf, 432 KB]

   ...conducted. The meeting was to be independently organised, notified and chaired by the Registrar of the Maori Land Court.3 The purpose of the meeting was to discuss whether there was sufficient owner consent to the grant of an occupation order or a licence to occupy. The meeting was to also consider the ownership of the house on the property.4 The application was adjourned for three months. 2 102 Opotiki MB 50-62 (102 OPO 50-62) 3 102 Opotiki MB 60 (102 OPO 60) 4 102 Opotiki MB 61 (1...

8. BORA Search and Surveillance Bill [pdf, 334 KB]

   ...lawful arrest or other detention where, for example, necessary to obtain evidence or ensure safety of the detainee;[12] or 18.4 The search is undertaken in the context of a regulated activity, such as commercial activity carried out under conditional licence or border crossing, where limited routine inspections are incidental to the regulation of that activity. [13] 19. It will be seen that the provisions for warrantless search under the Bill correspond to these considerations: Cl Co...

9. BORA Marine and Coastal Area (Takutai Moana) Bill [pdf, 408 KB]

   ...wāhi tapu. 15. Part 2 of the Bill provides for the continuation of a range of existing rights within the area, including ownership of roads, structures and minerals subject to the Crown Minerals Act 1991 and provides that resource consents, leases, licences and permits remain in effect. Further, and other than in respect of wāhi tapu, there are general rights of access, navigation and lawful fishing provided by subpart 2. [5] 16. The Bill also provides for certain future rights of th...

10. De Heer v CAC 302 & Bernard [2016] NZREADT 33 [pdf, 140 KB]

    ...and instead he would have told them to take legal advice. [15] The Tribunal agree therefore that there was a failing in the supervision by Mr Wotherspoon, but what of Mr de Heer’s own conduct? Section 36(2A) provides that a person who holds a licence as a salesperson and has had less than six months’ experience cannot prepare an agreement for sale and purchase. Clearly the preparation of the agreement was in breach of s 50. We also find that Mr de Heer was in breach of s 36(2A) b...