Search Results

1. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

   ...Aotea MB 65 2 8 Tairwahiti MB 171 3 260 Aotea MB 26 263 Aotea MB 212 (c) the Court has the jurisdiction to make an order clarifying the roles of the parties with regard to the management of the lake; (d) the Court in exercising its protection jurisdiction can find that there has been non- compliance by Horizon; (e) the use of the chemical is a threat to the land it is not a matter of if it will happen but rather when it will happen; and (f) the Māori Land Court ha...

2. KF v WP LCRO 103 / 2011 (12 April 2012) [pdf, 89 KB]

   ...(The outstanding unpaid balance appears to be $19,791.41). 2 [4] In the course of discussions between the parties regarding the final account the Applicant raised Rule 12.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). This Rule is headed, “Third party fees” and states: “Where a lawyer instructs a third party on behalf of a client to render services in the absence of an arrangement to the contrary, the lawyer is pers...

3. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...described as containing expressive content in certain instances. We are of the opinion that these provisions constitute "justified limitations" on the right to freedom of expression, which includes the right not to impart information, that is protected by section 14 of the Bill of Rights Act. In reaching this view we have taken into consideration the importance of both financial and performance reporting by the Board. Accurate information is essential in the compilation of these...

4. [2017] NZEnvC 116 The Architectural Centre v Wellington City Council [pdf, 1.2 MB]

   ...from 1995 to 2013. Those provisions are set out in full at Appendix A, but it may be of assistance to note here the terms of the overall objective in relation to heritage. It is Objective 20.2.1 : To recognise the City's historic heritage and protect it from inappropriate subdivision use and development. It is to immediately be noted that the protection requirement is not absolute - the significant word in disputes of this kind is ... inappropriate. There is too an issue abou...

5. Complaints Assessments Committee 403 v Misa NZREADT 11 [pdf, 176 KB]

   ...or seriously incompetent real estate agency work. In the alternative, he is charged with misconduct under s 73(c) of the Act, alleging wilful or reckless contravention of the Act and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012). The charges were set down for hearing on 30 April and 1 May 2018. [2] On 2 March 2018 the Tribunal was advised that the parties had agreed to a statement of facts and that Mr Misa would admit the first charge on the basis...

6. Threshold REAA CAC 20005 v Drever [2014] NZREADT 41 [pdf, 36 KB]

   ...us for an order under s.115 of the Act to suspend the defendant’s licence pending the outcome of the 2 hearing of the said charge on the grounds that is necessary or desirable having regard to the interests of the public including: 1. Protection of the public in light of the serious nature of the charge, namely: (a) Obtaining payment of vendor client funds into his personal bank account when he knew this money was rightly the property of Hedgman Real Estate Ltd (the agency)...

7. CAC 402 v Dunham [2016] NZREADT 49 [pdf, 155 KB]

   ...effect of the construction on Mr Keate’s property. She had the plans available to her, and could easily have provided them.3 [12] The Tribunal found that Ms Dunham had breached r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) by withholding the information in the plans either wilfully or recklessly, and that such conduct would reasonably be regarded by agents of good standing, or by reasonable members of the public, as disgraceful...

8. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...reasonable for the purpose of section 21. 5. The removal of abandoned vehicles does not significantly intrude on the privacy of the owner and is necessary to deal with a problem that imposes a significant cost on ratepayers. The Bill will provide some protection for vehicle owners as the vehicle may not be removed until the police have been notified. The local authority must also make reasonable efforts to notify the last registered owner of the vehicle that it has been removed and tha...

9. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 711 KB]

   ...I refer to three affected pohutukawa trees within the Brigham Street road reserve requiring removal, as they directly conflict with the proposed footprints of the team bases, and note that one of these trees (Tree 17) is a mature, established, protected tree of good overall quality. The other two (Trees 2 and 3) are small, recently planted, unprotected specimens. 7.4 At paragraph 9.2 of my Report I refer to four affected street trees within the Hamer Street road reserve, which are...

10. Jackman v CAC 10010 & Cussen & Hale [2011] NZREADT 29 [pdf, 94 KB]

    ...attempting to use misinformation to enrich themselves and the vendor at the expense of buyers. [5] It is submitted for the appellant that the advertisement is a breach of Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which prohibit a licensee from misleading a customer or client, or providing false information, or withholding information which should by law or fairness be provided to a customer or client. [6] It is accepted that Mr Tatt...