Search Results

1. [2023] NZIACDT 8 - BC v Murthy (22 March 2023) [pdf, 236 KB]

   ...fourth complaint upheld against Ms Murthy. Consideration will be given to the suspension or cancellation of Ms Murthy’s licence and/or an order preventing her from reapplying for a licence for a period. This could be accompanied by a condition permitting Ms Murthy to hold a provisional licence and requiring her to be supervised. Submissions from the parties are expressly invited on such options. Ms Murthy should inform the Tribunal of any proposal for supervision, including the...

2. REAA CAC 10017 v Miller [2014] NZREADT 70 [pdf, 162 KB]

   ...s.172 of the 2008 Act applies. Given that s.172 allows us to impose only penalties that would have been available under the Real Estate Agents Act 1976, the penalty options available to us are limited to cancellation or suspension of Mr Miller’s licence and/or a financial penalty of no more than $750. [3] If we consider imposing orders for cancellation or suspension under s.172 of the 2008 Act, we are required to consider the “character test” applicable under the 1976 2...

3. MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 69 Te Waipounamu MB 251 (69 TWP 251) [pdf, 256 KB]

   ...irrigation, Phillip similarly said he would accept the risk this may not be able to be obtained, but said it is not required anyway and regardless he is confident it can be achieved. He said he has intervened in Brigham’s application to renew the water licence for the front part of the block and submits Brigham’s attempts to cut him off are opportunistic, vindictive and unfair. 6 As discussed at para [7] of this judgment. 69 Te Waipounamu MB 256 [20] Phillip disagre...

4. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [pdf, 244 KB]

   ...Licensing Act 2007 (Act). BACKGROUND [3] Tzu-Tong Jane Ma was at the relevant time a self-employed licensed immigration adviser, who traded under her own name or Colab Ltd or New Zealand Immigration Concepts. She was based in Auckland. Her licence was suspended by the Tribunal effective 2 April 2024, for the reasons given in the notice. Her business address is now Colab in Taoyuan, China.1 [4] The complainant is EM, a national of China. [5] On 1 March 2023, an immigrati...

5. Gangs-Legislation-Amendment-Bill-Escalating-Penalties_FINAL.pdf [pdf, 1.2 MB]

   ...display of gang insignia offence contained in the Gangs Legislation Bill. 14. Escalating penalties can take the form of a higher maximum penalty, or another type of penalty for repeat offending. For example, some driving offences have a mandatory licence disqualification, the period for which increases for a third or subsequent offence. A possession ban is a more effective alternative to increasing maximum penalties 15. Of the options Police identified, Justice considers the post-se...

6. 2021-03-12 ORC PC7 - Transcript - up to end of day 3 [pdf, 1.4 MB]

   ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether t...

7. [2023] NZEnvC 124 PowerCo Ltd v Manawatu District Council [pdf, 2.9 MB]

   ...structure which is detached from, and the use/operation of which is incidental to that of, any other principal building(s) on the same site. In relation to a site on which no principal building has been erected, is incidental to the use which may be permitted on the site. ACT means the Resource Management Act 1991, and its amendments. ADDITIONS AND ALTERATIONS means the change to a building, structure, or memorial that alters its size and/or volume or results in changes to the...

8. [2023] NZEnvC 163 Ngati Kuku Hapu v Bay of Plenty Regional Council [pdf, 873 KB]

   ...the Court. D: Costs are reserved. REASONS Introduction This appeal concerns a decision by the Bay of Plenty Regional Council to grant an application for a controlled activity by Tauranga Bridge Marina Limited (TBM) for a coastal occupation permit for an existing marina and breakwater in the coastal marine area (CMA) adjacent to 101 Awanui Drive, SH2, Tauranga known as the Tauranga Bridge Marina. Ngāti Kuku Hapū appeal against two conditions of that consent relating to its d...

9. 27-Sept-2022-Redacted-SAR-for-publication-suggested-redactions2.pdf [pdf, 5.6 MB]

   ...combination of Options 2, 2A, and 2B. Option 2: New offence of discharging a firearm with intent to intimidate. Option 2A: Additional consequences on conviction for new offence to qualify for a Firearms Prohibition Order and be subject to licence disqualification. Option 2B: Enabling trespass surveillance and use of interception device to investigate new offence. Proposal B: New warranted search powers to address and respond to gang conflict When gang co...

10. Supplementary Analysis Report Criminal Activity Intervention Legislation Bill [pdf, 5.6 MB]

    ...combination of Options 2, 2A, and 2B. Option 2: New offence of discharging a firearm with intent to intimidate. Option 2A: Additional consequences on conviction for new offence to qualify for a Firearms Prohibition Order and be subject to licence disqualification. Option 2B: Enabling trespass surveillance and use of interception device to investigate new offence. Proposal B: New warranted search powers to address and respond to gang conflict When gang co...