Search Results

1. [2018] NZEmpC 69 A Labour Inspector v Sampan Restaurant Ltd [pdf, 343 KB]

   ...fines are imposed on corporations. The amount of the fine often may be determined by the need to enforce regulatory standards by general deterrence: R v Ford Motor Co of Canada Ltd (1979) 49 CCC (2d) 1 (Ont, CA). A fine must not appear to be a mere licence fee for illegal activity: R v Cotton Felts Ltd (1982) 2 CCC (3d) 287 (Ont, CA); Hanham & Philp 9 Adams on Criminal Law (loose-leaf ed, Brookers). 10 Geoffrey G Hall and Timoth...

2. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...response may be provided to the complaints outlined in your letter. 6 [12.13] On 26 May 2016 through his counsel Mr Jiang said: I am instructed by Mr Jiang (consistent with his email to you dated 4 May 2016) that his immigration adviser licence expired in July 2015 and that he has not worked for Sea Consultants in any capacity since July 2015. Given that Mr Jiang ceased his employment with Sea Consultants as at July 2015, he had no knowledge of the Authority’s request...

3. Complaints Assessment Committee 403 v Shalendra Goundar [2017] NZREADT 52 [pdf, 226 KB]

   ...authority to support the Committee’s submission that he was obliged to disclose that to the Joshis. She submitted that the authorities cited as supporting the Committee’s submission went no further than stating a general principle that where a licenced real estate agent is involved in a transaction, a party is entitled to expect that the transaction will be conducted in a professional way. [79] Ms Lucas further submitted that in the absence of a clear obligation to disclose a l...

4. [2017] NZEnvC 130 Butterbee Childcare Limited v Auckland Council [pdf, 972 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER AND BETWEEN AND Decision No. [2017] NZEnvC 130 of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act BUTTERBEE CHILDCARE LIMITED (ENV-2016-AKL-000182) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner JA Hodges Hearing: At Auckland on 7 and 15 August 2017 Appearances: Mr KRN Littlejohn for Butterbee Childcare Limited (Butterbee) Mr WM Bangma for Auckl

5. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   ...earthquake-damaged) to companies or persons who specialise in buying them to repair, for later sale or rental. [4] All relevant events occurred during the period from early May 2016 to the beginning of March 2017. At that time Ms Tafilipepe held an agent’s licence, and was the owner of three franchises for Mike Pero Real Estate Limited (“MPRE”). She maintained a list of potential buyers of “as is” properties (“her “as is” list”) to whom she sent information on...

6. Complaints Assessment Committee 416 v Prasad [2019] NZREADT 001 [pdf, 251 KB]

   ...73(a). The proper approach is that the Tribunal must: [a] First consider whether the licensee’s conduct was disgraceful, then [b] Secondly, if such a finding is made, consider whether the found conduct affects the licensee’s fitness to hold a licence (see s 36(1)(c) of the Act and (for example) the Tribunal’s decision in Revill v Registrar).8 This enquiry is properly undertaken at the penalty stage. [90] We accept Mr Waalkens’ submission that Ms Prasad added to her diary e...

7. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...to apply for a promotion or a change of equipment category and to appoint him in terms of the award to the appropriate position in clear terms, … In other words, the company can, in the end, require Mr Talbot to fly aircraft for which he is licenced or for which he can be retrained. If this were now done in clear circumstances, Mr Talbot would be bound to accept. If he refused, he would not be redundant but may be liable for dismissal. He is not entitled to adopt a stance whic...

8. Trustpower - EiC - P M Mitchell - Hydrology (5 Feb 2021) [pdf, 3.8 MB]

   ...currently seeking new replacement resource consents to continue activities associated with four water races; Beaumont, Black Rock, Shepherd and Crystals (refer Appendix 1). The Black Rock race2 is the oldest of the four 1 Trustpower website 2 Licence granted 1868 5 deemed permits having been granted in the 1860’s for gold mining. Further details on the Waipori HEPS and the consenting process for the four water races is addressed by Ms Foran. 16. The natural...

9. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [pdf, 282 KB]

   ...particularising the amounts and basis of the claim. As Mr Zheng has been found to be dishonest, the Tribunal will give consideration to removing him from the profession for a period of time and/or preventing him from reapplying for one or more types of licence. The parties are asked to address this. Timetable [102] The timetable for submissions will be as follows: (1) The Registrar, the complainant and Mr Zheng are to make submissions by 29 September 2020. 20 (2) The Regi...

10. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

    ...David (Tuffy) Churton, an interested party.6 He expressed concern about the progress of the application. Mr Churton also raised issues surrounding what he termed was the improper alienation of the subject land by the Whanganui Trust, by, I infer, licence or lease. 1 Both experts were commissioned per s69(2) of Te Ture Whenua Māori Act 1993. 2 167 Aotea MB 143-144 (167 AOT 143-144). 3 135 Whanganui MB 119-127 (135 WG 1...