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1. Waitangi Tribunal Guide to Practice 2023 [pdf, 900 KB]

   GUIDE TO THE PRACTICE AND PROCEDURE OF THE WAITANGI TRIBUNAL August 2023 A Comprehensive Practice Note Issued under Clause 5(9) and (10) of Schedule 2 to the Treaty of Waitangi Act 1975 This Guide replaces the following practice notes : . ‘Mediation’, 18 September 1990 . ‘Translations’, 29 June 1991 . ‘Claim Terminology’, 1 July 1991 . ‘Claim Priorities’, 18 July 1991 . ‘Negotiations and Settlements’, 22 August 1991 . ‘State Enterprise and Education L

2. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...benefit, it somehow formed part of the remuneration and was therefore so fundamental that it could not be unilaterally changed. Nor do I accept the argument that allowing the placement of retirement benefits into a policy manual will provide a licence for employers to place into non- binding policies core terms of the contract. As the Christchurch Press case demonstrates, these are likely to be found to be contractual in effect because they will have been held out to the employee a...

3. Zhang v CAC20005 & Anor [2015] NZREADT 39 [pdf, 239 KB]

   ...2014 decision of Complaints Assessment Committee 20005 finding her guilty of unsatisfactory conduct in respect of a complaint made against her by Lingli (Stella) Zhou (“the complainant”). [3] The licensee currently holds a salesperson’s licence under the Real Estate Agents Act 2008 (“the Act”) and works for Barfoot & Thompson Ltd. [4] The complainant has declined to participate in this appeal. 2 Factual Background [5] The complainant viewed 59A Riversdale...

4. CAC20004 v Whisker [2015] NZREADT 61 [pdf, 249 KB]

   ...Harding had made a complaint to the Authority about the said actions of the defendant on 18 October 2012. Also, she exhibited the various documents in the agreed bundle of documents. She confirmed that, at all material times, the defendant held a licence as an agent under the Act and worked for the said GVA Project Control NZ Ltd. The Evidence of the Defendant [38] The defendant said that he had wanted to bring to New Zealand a globally established real estate brand which was not alr...

5. T v Mudaliar [2015] NZIACDT 79 (06 August 2015) [pdf, 241 KB]

   ...that Mr Mudaliar engaged in dishonest or misleading behaviour in relation to the provision of a job description to Immigration New Zealand. If made out, there could be little doubt potential sanctions would extend to cancellation of Mr Mudaliar’s licence, as the Registrar’s Statement of Complaint alleged he potentially made a dishonest misrepresentation to Immigration New Zealand to advance an immigration application. [10.2] That Mr Mudaliar’s response to the complaint was in subst...

6. ENVC Hearing 6Oct14 WML rebuttal David Mitchell [pdf, 599 KB]

   ...purchase or rental of a marina berth is subject to contractual arrangements which can and will include terms and conditions applying to the use of the carpark. The terms of use of the parking spaces will be set out for berth owners through their licence agreements and managed through a Parking Management Plan. 10. The marina will have a manager onsite every day who can exercise active control. Berthholders will be informed of the expected use of the parking area and this w...

7. Tipene v Tipene - Motatau 2 Section 49A4F(2014) 85 Taitokerau MB 2 (85 TTK 2) [pdf, 173 KB]

   ...benefit accruing to the whānau trust which would otherwise constitute unjust enrichment. [37] Mr Shanahan points to developments in the law in relation to constructive trust principles and submits that notwithstanding the absence of any lease, licence to occupy or other formal arrangement relating to her occupation of the old home, those principles would allow the Court to award compensation for what has clearly been contributions by her and her family to the “acquisition, preser...

8. Thompson - Hauai Ahu Whenua Trust (2014) 87 Taitokerau MB 258 (87 TTK 258) [pdf, 619 KB]

   ...that owner's predecessor in title by any alienation, the Court shall not cancel an order under this section without the consent of the present owner. (3) Where the whole of the land comprised in any partition order is subject to any lease, licence, mortgage, charge, or other encumbrance, the order shall not be cancelled under this section without the consent of the lessee, licensee, mortgagee, or other person entitled to the benefit of the encumbrance, unless the Court is sa...

9. Whaanga - Anewa (2012) 22 Tairawhiti MB 167 (22 TRW 167) [pdf, 238 KB]

   ...being a conflict, I think the conflict is about this idea of partition, not about utilisation, particularly of the reserve area. [38] Further, the trustees say that many of the projects, if they are viable, can be undertaken with the granting of licences, or in the case of buildings, occupation orders. Counsel stated: 18 M Lawson: Thanks Sir and that is really the next point at paragraph 12 and that can be further supplemented if necessary with a license to occupy or a license...

10. Deliu v New Zealand Law Society [2012] NZHRRT 1 [pdf, 103 KB]

    ...further action that is or would be consequential on the exercise of the statutory power: (b) Prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application for review relates: (c) Declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to continue and, where necessary, to be deemed to have cont...