Search Results

1. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...photographs provided of each item in the catalogues, were misleading because he believed the items to be silver when they were not and, instead, they are forgeries. He says that the various fake items are sophisticated forgeries and that the coins are in protective cases which make them appear genuine. 21. However, XT says that the FTA does not place a duty on an auctioneer/auction house to authenticate the goods it auctions, and that M Ltd has not misled or deceived KC the auction ca...

2. Guidance for the appointment of Human Rights Commissioners [pdf, 257 KB]

   ...development of harmonious relations between individuals and among the diverse groups in New Zealand society • to promote racial equality and cultural diversity • to promote equal employment opportunities including pay equity • to promote and protect the full and equal enjoyment of human rights by persons with disabilities. Role of Commissioners 4. Together, the Commissioners make up the Board of the Commission, with the Chief Commissioner as the Chair of the Board....

3. Mansfield v Pomana - Matawihi 1A & 2 Blocks (2013) 24 Takitimu MB 287 (24 TKT 287) [pdf, 164 KB]

   ...encourage retention of Māori land in its owners’ hands, the use and development of that land, and control of the land by the owners, through their representatives. [11] That Court also confirmed that trustees are not to be removed lightly and a careful assessment of a trustee’s performance will be necessary: 3 [2013] NZCA 203 24 Takitimu MB 291 [90] We agree that there is a need for caution before a trustee is removed....

4. Tuwhangai v Boon – Kawhia U 2B Block - (2018) 160 Waikato Maniapoto MB 113 (160 WMN 113) [pdf, 303 KB]

   ...declared or held to be invalid, by any court in any proceedings instituted more than 10 years after the date of the order. (2) Where there is any repugnancy between 2 orders each of which would otherwise, by reason of the lapse of time, be within the protection of this section, then, to the extent of any such repugnancy, the order that bears the earlier date shall prevail, whether those orders were made by the same or different courts. (3) Nothing in this section shall limit or...

5. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...the Court said: “[35] The first point to note is the obvious one. That is, the fit and proper person standard has to be interpreted in light of the purposes of the Act. Those purposes broadly reflect two aspects. The first aspect is the need to protect the public, in particular by ensuring that those whose admission is approved can be entrusted with their clients’ business and fulfil the fundamental obligations in s 4 of the Act. The second aspect is a reputational aspect reflecting...

6. [2021] NZREADT 04 - Complaints Assessment Committee 409 v Kemp & Scoble (22 January 2021) [pdf, 275 KB]

   ...public, as disgraceful, and is therefore guilty of disgraceful conduct under s 73(a) of the Act. The Committee alleges that Ms Scoble wilfully or recklessly breached her obligations under the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”), and is therefore guilty of misconduct under s 73(c)(iii) of the Act. In the alternative, the Committee alleges that she engaged in conduct that constituted seriously incompetent or seriously negligent...

7. [2020] NZREADT 15 - Motupally - Interim Decision (12 May 2020) [pdf, 259 KB]

   ...provided the purchaser with adequate information about the transaction that they were entering into. It is concerned with whether they complied with the obligations that are contained in the Real Estate Agent Act (Professional Conduct and Client Care) Rules 6.2 and 6.4, and possibly, 9.8. Whether there has been insufficient or misleading information provided to a customer is at the heart of the enquiry. [43] While the question of whether Mr Motupally knew or did not know about the...

8. LCRO 120/2017 ML v NM (19 March 2019) [pdf, 176 KB]

   LCRO 120/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN ML Applicant AND NM Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr ML has applied for a review of a decision in which [Area] Standards Committee [X] (the Committee) de

9. Murray v Parker - Paihia 3B9B Residue [2018] Chief Judges MB 707 (2018 CJ 707) [pdf, 346 KB]

   ...658/198 on 19 July 1971. 7. In 2009 the Registrar lodged an application to determine the status of the Paihia block upon the grounds that: ...it is necessary to determine the status of the land to be Maori freehold land (and providing further protection upon registration of the instrument of title with LINZ) A current search of Land Information New Zealand shows no current certificate of title exists. A request for a new certificate of title is to be sought from Land Information...

10. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

    ...Constitutional law, sovereignty; provision for the exercise of government and Maori self-government; electoral regime, political electoral system representation in national, local and specialised bodies 3 Health services and Hospitals, primary healthcare, rong08, provision for the outcomes disabled, rehabilitation, elder care and rest homes, mental health, smoking, HIV/AIDS, public health, health promotion, occupational health, poor health status and outcomes 4 Mana wahine and Discrim...