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1. M D Cottle Family Trust & Ors v Barnett [2015] NZREADT 57 [pdf, 256 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 57 READT 019/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN M D COTTLE FAMILY TRUST and McBRIDE STREET CARS LTD Appellants AND REAL ESTATE AGENTS AUTHORITY (CAC 20002) First respondent AND TIMOTHY BARNETT of Dunedin, Real Estate Agent Second respondent READT 020/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Ag

2. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...person for the purpose of bringing about “a transaction”. The word “transaction” is also defined in s.4 to relate to the sale, purchase, or other disposal or acquisition of freehold or leasehold estates or interests in land, transferable licences, occupation rights, and businesses. It is not in dispute that the placing of the said advertisements comes within the definition of “real estate agency work”. [55] There has been reference above to Rule 6.4 of the Real Estate Ag...

3. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

   ...[43] Although s 9 prohibits a preference where it is conferred because a person is or is not a member of a union, s 9(2) acknowledges that mere difference in employment terms in the workplace does not make reference unlawful. Section 9(3) licences collective agreements to contain terms and conditions that recognise benefits. Different terms and conditions conferred on employees employed by the same employer may amount to preference but of itself this is not prohibited by s 9....

4. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2013] NZREADT 91 READT 024/12 IN THE MATTER OF charges laid under s.91 of the Real Estate Agents Act 2008 BETWEEN COMPLAINTS ASSESSMENT COMMITTEE 10054 Prosecutor AND WILLIAM HUME Defendant MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms N Dangen - Member HEARD at WANGANUI on 14 July 2013 (but with subsequent written submissions) DATE OF DECISION 17 October 20

5. 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...

6. 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...

7. 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...

8. 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...

9. 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...

10. 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