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1. 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...

2. 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...

3. 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criminal, in connection with any matter to which the application for review relates: (c) Declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to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...

4. O'Reilly v CAC301 & Anor [2015] NZREADT 15 [pdf, 295 KB]

   ...the purpose of bringing about a transaction.” [64] The definition of “transaction” under s.4 of the Act requires: “The sale, purchaser, or other disposal or acquisition of a freehold estate or interest in land [or other defined interest, licence or right in land or business]. [65] Ms Wishart submits that, if the activity complained about is not real estate agency work, then it cannot, by definition, be unsatisfactory conduct under the Act; and non-real estate agency work could o...

5. Wells & Anor v REAA CAC 20007 & Anor [2014] NZREADT 36 [pdf, 83 KB]

   ...(vendor) complainants”) appeal against the 12 September 2013 decision of the Complaints Assessment Committee 20007 to take no further action in respect of their complaint against Shane Robinson (“the licensee”) who currently holds a salespersons licence. At the time of the alleged conduct, the licensee was working from Edinburgh Realty Ltd (“the agency”) in Dunedin. 2 Background [2] The complainants and Cook Allan Gibson Trustee Co Ltd were the vendors of 24a Gla...

6. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...Brown has not done this. Instead he has annexed a series of documents, leaving the Tribunal and NZ Post to figure out for themselves what his (Mr Brown’s) case is. [43] In chronological order the attached documents are: [43.1] New Zealand Driver Licence No. CD566350 issued on 4 April 1991 in the name of Matthew Richard Brown. [43.2] Undated Trespass Notice addressed to Andre Richard Joy in respect of New Zealand Post/Kiwibank 310 Moray Place, Dunedin. [43.3] Undated details of Se...

7. [2018] NZEnvC 061 Friends of Nelson Haven and Tasman Bay Inc & Treble Tree Holdings Ltd v Marlborough District Council [pdf, 5.2 MB]

   ...reference, in 2 3 Court Minute dated 24 October 2017 , at [2]. In particular, Treble Tree seeks to rely on Sounds Plan r 35.2.5 which includes as a 'controlled activity' Marine farms authorised by a ... current Marine Farm Lease or Licence (pursuant to the Marine Farming Act 1971) applied for prior to 1 August 1996. Joint memorandum of counsel, dated 3 November 2017, at [3], stating ''The parties to this Memorandum agree with the current wording of the preliminary...

8. 2021-03-15 MfE - opening submissions [pdf, 471 KB]

   ...background to this plan change has been traversed already in this hearing. The genesis of the plan change lies in the deemed water permits in Otago originally issued as mining privileges and which expire on 1 October 2021.1 Mining privileges were licences issued under the Mining Act 1926 (and earlier), including for water races.2 As gold mining in Otago started to decline mining privileges were increasingly exercised to abstract water for irrigation purposes and stock water supply...

9. [2017] EmpC 41 Cronin-Lampe and anor v BOT of Melville High School [pdf, 211 KB]

   ...accept that the decisions have been discredited in the way that he submitted. The authors of Law of Contract in New Zealand, state as follows regarding this conflict: 14 13 Davis v Portage Licencing Trust [2003] 1 ERNZ 627 (EmpC). 14 John Burrows, Jeremy Finn and Stephen Todd Law of Contract in New Zealand (5 th ed, LexisNexis, Wellington, 2016) at 884. In recent cases in tort there has been debate as to whether the...

10. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

    ...valuation”). [7] On 23 June, the Whittys met with Mr Reed at the property to discuss marketing it. Mr Reed was employed by Vining Realty Group Ltd in Nelson, trading as Bayleys Nelson (“the Agency”). Mr Reed held a branch manager’s licence. Mr Reed did not challenge the Whittys’ evidence that he viewed the property and said it was beautifully presented and would create plenty of interest. [8] On or about 10 July,3 Mr Reed visited the Whittys again. There was a disp...