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1. Complaints Assessment Committee 414 v Deepak Goyal [2017] NZREADT 58 [pdf, 235 KB]

   ...papers. A telephone conference will be scheduled to make appropriate timetable orders. [71] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___________...

2. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...applicant made the following salient points relating to the nature of her claim: 5 Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block (2010) Māori Appellate Court MB 167 (2010 APPEAL 167). 2016 Chief Judge’s MB 234 (a) She contended that the claim of Ms Yates is not one of equity, but rather one of statutory relief, and therefore the principle “he who comes into equity must come with clean hands�...

3. NH v Singh LCRO 53/2013, 91/2013 and 115/2013 (27 August 2014) [pdf, 95 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review, and the extent of the investigations necessary to conduct that review. Review hearing [21] Mr Singh attended a review hearing on 24 June 2014,...

4. [2012] NZEmpC 86 Lend Lease Infrastructure Services (NZ) Ltd v Recreational Services Ltd [pdf, 147 KB]

   ...discern what may have been its intention.” The Advisory Group’s report was prepared for the Minister. 27 [74] In Marlborough District Council v Altimarloch Joint Venture Limited 28 the Supreme Court declined leave to extend the grounds of appeal based on a departmental report that the appellant wished to rely on. The Court observed that: 29 The departmental report upon which the appellant now wishes to rely to support its statutory interpretation argument does not come...

5. [2007] NZEmpC AC 53/07 Hansells (NZ) Ltd v Ma [pdf, 91 KB]

   ...regarded as irrelevant for the purposes of interpreting it. That was because all that was said to matter was the intention of the parties at the time of entry into the contract and not later. There are now a number of dicta, including of the Court of Appeal, indicating that change to this former rule is close: A-G v Dreux Holdings Ltd (1996) 7 TCLR 617 (CA) and Raptorial Holdings Ltd (in Rec) v Elders Pastoral Holdings Ltd [2001] 1 NZLR 178; (2001) 7 NZBLC 103,219 (CA). [38] In the Spo...

6. [2007] NZEmpC AC 17/07 Housham v Juken NZ Limited [pdf, 93 KB]

   ...that awards for such consequences will usually fall in a range up to about $27,0001, the consequences of his unjustified summary dismissal and the circumstances of it warrant a substantial but not excessive award. Taking account of the Court of Appeal’s guidelines in this area and, to the extent that this is possible, comparing Mr Housham’s suffering to that of other grievants, I assess that there should be an award of compensation under s123(1)(c)(i) of the Employment Relation...

7. Deputy Registrar v Moeahu - Lot 1 DP17494 Part Section 2345 New Plymouth (Old Railway Station) (2023) 468 Aotea MB 117 (468 AOT 117) [pdf, 339 KB]

   ...trustee who acted honestly and reasonably and who ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the Court. An important decision concerning the application of s 73 is Wong v Burt, where the Court of Appeal stated: [57] In our view, this is not a case in which the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable - it was downright...

8. Waitangi Tribunal - issue 62 of Te Manutukutuku [pdf, 1.3 MB]

   ...earliest contact with the Tribunal was as counsel in the Muriwhenua Fisheries inquiry over twenty years ago; his interest in fisheries law and Māori fisheries and Treaty rights has been sustained ever since. He is currently chair of the Fisheries Quota Appeal Tribunal. Mr Castle has acted as independent specialist advisor to select committees on fisheries and foreshore and seabed matters. He is internationally recognised as an expert in sports law, serving on the Sports Tribunal of New...

9. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...necessary to protect the health and safety of those in the immediate area and property from damage, and to prevent prohibited items from being taken onto aircrafts.12 Reasonable expectations of privacy are lower in public places 53. The Court of Appeal has observed that “reasonable expectations of privacy are lower in public places than on private property.”13 In the specific context of air travel, it is suggested that individuals have a lowered expectation of privacy at an internat...

10. Directory of Official Information G-I [pdf, 807 KB]

    ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...