Search Results

1. Wall v Karaitiana - Tauhara Middle 15 (2011) 38 Waiariki MB 218 (38 WAR 218) [pdf, 210 KB]

   ...along with Messrs J and R Wall, trustees. According to Mr Schollum the application was for a variation of the trust order under s 244 of Te Ture Whenua Māori Act 1993 (“the Act”) and was for the purpose of negotiating “an investigatory licence with Trust Power”. 13 In approving the variation, Judge Hingston made the following statements: 14 Court: I have no problem in varying the Trust Order to allow trustees to negotiate a proposal that would exploit the geothermal r...

2. Deeming v Whangarei District Council [2015] NZHRRT 55 [pdf, 121 KB]

   ...them”, and that 400 Mid Western rugby supporters would not be happy reflected an acknowledgement that living in a small community a perceived attack on a sporting and social institution of some significance to that community, its members and its liquor licence was not welcomed. [27] Mr Deeming also relied on the fears for his safety triggered not just by Mr McDowell’s visit and subsequent brushes with him (one of which is referred to by Councillor Shelley Deeming) but the fear that...

3. Clarke v Gray - Poukawa 9G Trust (2016) 48 Takitimu MB 182 (48 TKT 182) [pdf, 346 KB]

   ...enforcement of obligations of trust and for the removal of trustees. As part of those proceedings, he commissioned an independent report by Peter Bloor to address the financial affairs of the trust, the management of the trust assets, the lease, licence and occupation arrangements along with the operation of the trust in general. [9] Following the report, Judge Coxhead issued a decision dated 14 February 2011 finding that the trustees had failed to perform their duties as trustee...

4. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...enjoyment as beneficial owners are suspended. The legal estate vests in the reservation trustees while the original owners and their successors retain the beneficial estate. As long as the reservation status exists, the reservation trustees possess a licence as to occupation, use and enjoyment of the land and the benefits accruing therefrom until the reservation is cancelled: (see Re Mt Tauhara Maori Reservation; Re Rahui A 13 Block (1992) 32 Gisborne MB 370; and Re Ruawahia 2B (1992) 6...

5. Thomson - Part Tahorakuri A1 Sec1 Māori Reservation (2002) 76 Taupō MB 98 (76 TPO 98) [pdf, 1 MB]

   ...the Court. He sUbmits: 1. . .. land within the reservation is vested in the trustees of the reservation trust. The trustees of the Reservation Trust administer the Reservation, and may authorise activities on the reservation, or grant a lease or licence over all or any part of the Reservation. The trustees of the Reservation Trust must be regarded as having possession of the land within the reservation. 2. In an action based on trespass to land within the Reservation, the appropriate p...

6. Complaints Assessment Committee 413 v Marr [2019] NZREADT 008 [pdf, 334 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2019] NZREADT 8 READT 016/18 IN THE MATTER OF A charge laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 413 AGAINST BERNADETTE MAKUINI MARR Defendant Hearing: 26 – 30 November, 3 – 4 December 2018 Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Mr N O’Connor, Member Appearances: Mr S W

7. [2020] NZREADT 12 - Feschiev (4 May 2020) [pdf, 241 KB]

   ...claimed that he had never received any form of apology from the licensee and that he sought $25,000 compensation for the “outrageous defamation” by Ms Cruickshank. He also sought that the Committee make an order suspending Ms Cruickshank’s licence for a period of no less than 12 months while she undergoes formal retraining. As the Committee also noted, Mr Feschiev also submitted: [a] There is nothing to support the submission made on behalf of the licensee that she makes sub...

8. Lethbridge v The Real Estate Agents Authority (CAC 403) & Fenton, Fenton v The Real Estate Agents Authority (CAC 403) & Lethbridge [2018] NZREADT 58 [pdf, 506 KB]

   ...appeal. This statement of background which now follows is a fair summation of the facts: 2.1 The factual background to this appeal is outlined in the Committee’s Decision on Liability. 2.2 In short, Ms Lethbridge holds a branch manager’s licence under the Act, and was engaged by Barfoot and Thompson Limited trading as Barfoot and Thompson Stonefields (Agency) at the time of the relevant conduct. She was engaged (together with her sales associate Peter Blackler) by Mr Fenton a...

9. [2020] NZREADT 31 – Turoa v Real Estate Agents Authority (30 July 2020) [pdf, 289 KB]

   ...given the earlier complaint by the Vendor. [90] The Authority submitted: 5.19 The Authority’s submission aligns with the Committee’s finding that while the Agency may have considered Mr Turoa a senior agent, Mr Turoa holds a salespersons licence. The Agency is required under r 8.3 and s 50 to provide proper supervision and management of Mr Turoa, as a salesperson, and this should occur on a day to day basis. The Authority submits that this supervision policy was not adeq...

10. [2021] NZACC 44 - Waite v ACC (17 March 2021) [pdf, 261 KB]

    ...would be assessed. [40] On 20 November 2014 Bruce Haye of Vocational Insight conducted the occupational assessment. [41] In setting out the vocational rehabilitation outcomes, Mr Haye noted that Mr Waite had obtained his class 5 diver’s licence with P, F and D endorsement to widen his driving options for employment and he had also received computer skills training and first aid certificate training. [42] Mr Haye said that Mr Waite had a considerable number of transferable s...