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...4 CAC v Hume [2013] NZREADT 91. 5 REAA v Brankin [2013] NZREADT 32. 9 [26] For this reason we dismiss the charges against Mr Scheirlinck and Mr El- Ghalayini. [27] The Tribunal reminds parties of the appeal provisions in s 116 of the Real Estate Agents Act 2008. ______________________________ Ms K Davenport QC Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C Sand
...unsuccessful he was stood down. [32] No evidence was provided to support this and the PSPLA had no contact from anyone on behalf of Security Guard B after 5 August 2021 attempting to have the decision declining his COA reversed. In addition, no appeal was filed against that decision. Security Guard B should not have been engaged until he obtained a COA and even if he was wrongfully engaged the continuation of his contract should have been conditional upon him obtaining a COA. When...
...Court that have been determined and where a genuine or proper interest has been established. (ii) Part 3 subpart 2 of the High Court Rules generally governs access to information concerning family related proceedings in the High Court and Court of Appeal that have been determined and where a genuine or proper interest has been established. (iii) Rule 8 of the Family Proceedings Rules governs access to information concerning proceedings under the Family Proceedings Act 1980 and Care of...
...decide whether those on the title hold the land personally or on trust. 1 Tau v Ngā Whānau o Morven and Glenavy – Waihou 903 Section IX Block [2010] Māori Appellate Court MB 167 (2010 APPEAL 167). 2 Ibid, at [168]. 197 Taitokerau MB 174 Is there evidence contemporaneous with the issue of the title orders which show that this land is held on trust? [5] A certificate of title to the Koutu block first issued on 26 Ju...
...list of owners contained in the Court record and not to look behind it. There have been no proceedings brought to challenge the transfers referred to. Any such challenge would need to be the subject of a separate application such as a rehearing, appeal or application to the Chief Judge. I note however that the minutes of the hearing regarding the first share transfer between Henry Couch and Riri McConnell records that the parties were second cousins.11 [24] I am satisfied that havin...
...at least September 2017, being two years before Ms YH lodged her complaint. 3 See the table prepared by the Committee at [13]. 4 Standards Committee decision at [10], in which the Committee referred to the well-known judgment of the Court of Appeal in: Cortez Investments Ltd v Olphert and Collins [1984] 2 NZLR 434 (CA) at 441. 6 [29] Review Officers have routinely held, as have Standards Committees, that “special circumstances” exist to go beyond the two-year reach, when a...
...the Applicants and their children – in the face of both opposition and support from tangata whenua. 15 Naera v Fenwick – Whakapoungākau 24 (2011) Māori Appellate Court MB 316 (2011 APPEALS 316) at para [58] 274 Aotea MB 62 The Law [53] Section 338 of Te Ture Whenua Māori Act 1993 states: (1) The Chief Executive may, by notice in the Gazette issued on the recommendation of the Court, set apart as Māori reservat...
...reason is simply as provided in the preceding paragraph – namely that I did not consider there was any strength in his application. It is difficult to see what further reason need be provided. [18] UQ has subsequently referred me to a Court of Appeal decision (Taylor v The Queen [2010] NZCA 628) where the Court applied earlier authorities that the giving of earlier adverse rulings, even adverse findings of credibility, will only “in the rarest of circumstances” (Muir v Commiss...
...registered the certificate of title issued in favour of Kereti Scott and Hera Scott. Hera Scott transferred her share to Kereti Scott in 1960 and Kereti Scott became the sole owner of the land, which the lower Court determined to be European land. On appeal the Māori Appellate Court stated: What is necessary to have been vested is the land, the whole of the land in the title, and not merely an undivided interest therein. [29] The Court went on to state that: Wherever land is def...
...professionals to achieve a joined-up approach to the Family Justice Service? We think that the information needs to be provided in a simple easy to follow way. It should be provided in a number of languages and videos should be used along with appealing graphics, pictures and stories of “people like them”. It should utilise technology that has interaction with a person via “live chat” in real time for any questions that people may have. Furthermore the Ministry should cons...