Search Results

1. Spring v The Real Estate Agents Authority (CAC 308 & CAC 403) & Buczkowski [2017] NZREADT 82 [pdf, 325 KB]

   ...property was resold for a lesser price of $2.18m which left Mr Spring $95,000 out of pocket. This included additional mortgage costs and rental accommodation. Mr Spring sought compensation to cover his losses and for the agents to lose their licence. [13] The Complaints Assessment Committee (CAC) released its decision on 19 February 2015 (first CAC decision) in regard to the first complaint. The complaints against Mr West and Ms Erceg are not relevant to this complaint. [14] In...

2. Bristowe - Section 4C1 Blk II Tuatini Township and Lot 1 DP 7439 and Lot 2 DP 7439 (2002) 151 Gisborne MB 250 (151 GIS 250) [pdf, 1.2 MB]

   ...reservation: (c) Redefine the purposes for which the reservation is made: (d) Redefine the persons or class of persons for whose use or benefit the reservation is made. 151 Gis MB 256 (6) No notice under this section shall affect any lease or licence, but no land shall be set apart as a Maori reservation while it is subject to any mortgage or charge. (7) The Court may, by order, vest any Maori reservation in any body corporate or in any 2 or more persons in trust to hold and admini...

3. Gilbert - Horahora 1A3B (2017) 158 Taitokerau MB 69 (18 TTK 69) [pdf, 839 KB]

   ...to 0.38 shares. - The Ana Maraea Cowie Whānau Trust has provided a letter in support of the occupation order. There is also a letter dated 15 July 2013, signed by Anne and Gordon Cowie on behalf of the Whānau Trust advising that Violet Sade is permitted to speak on their families behalf on any business and or matters arising related to use, access, occupation, revenue and maintenance etc. of land blocks 1A3B, 1A1 and neighbouring blocks. 158 Taitokerau MB 72 - The Ana Maraea C...

4. Kupenga - Waitakaro B Māori Reservation (2006) 72 Ruatoria MB 184 (72 RUA 184) [pdf, 891 KB]

   ...Reservation Regulations 1994. [39] The next point to note, is that while the reservation is in existence, the land comprised within it is inalienable. (s338(11)/93) However, the trustees may, with the consent of the Court, grant a lease or occupation licence of the reservation or any part of it for any term not exceeding 14 years (including any term or terms of renewal), upon and subject to such terms and conditions as the Court thinks fit. (s338(12)/93) The revenue, if any, derived...

5. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...the sole director. She remains the sole shareholder. [16] Since April 2005 Mr XXXX has been sole trader using the trading name XXXX. He holds a Kiwibank account in the name of XXXX. Ms Taylor- Cyphers confirmed that Mr XXXX personally holds a licence as a gold trader which enables him to trade gold overseas. The appeal by Mr XXXX [17] Mr XXXX did not attend the hearing to give evidence or make himself available for cross examination. His case is contained in his notice of a...

6. Payne v CAC 20005 & Ors [2014] NZREADT 1 [pdf, 152 KB]

   ...Act in respect of the conduct may be made. 8 [22] Pursuant to the 1976 Act, in appropriate circumstances the Licensing Board had the power to make three types of disciplinary orders, namely: [a] An order cancelling the salesperson’s licence; [b] An order suspending the salesperson’s licence for a period not exceeding three years; [c] An order imposing a monetary penalty. [23] Significantly, compensation was not an available remedy under the 1976 Act and is, therefore,...

7. Bisschoff v Yerman [2015] NZIACDT 101 (11 December 2015) [pdf, 165 KB]

   ...engaging in the delivery of professional services to a degree that is far from universal in the regulation of professional service delivery. [17] It was foreseeable some people who had formerly provided immigration services, and failed to gain a licence, would seek to have a licensed person “rubber stamp” their continuing activity in the industry. Unfortunately, this Tribunal’s work demonstrates that was a well-founded apprehension and an area where enforcement action has been nec...

8. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

   ...existence at the time of their appointment. He referred to the judgment of Radaich v Smith (1959). 6 It was his submission that in order for Hiakita to occupy the house, he would need a tenancy agreement from the owners, and he would need a licence to occupy, or an order from the Māori Land Court granting him occupation and access rights. [11] Mr Handley then called and led evidence from Huia Joan Peters and Mr Matekoraha (Mac) Oneroa Eruera regarding what they had observed on...

9. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...consideration. In summary, I consider that the relevant issues for determination are: 1 335 Aotea MB 55 (335 AOT 55) 337 Aotea MB 132 (a) Are the trustees required to enter into leases or licences with the applicant? (b) Are the trustees required to enter into discussions with Mr Churton? (c) Are customary rights and the Treaty of Waitangi relevant to this application? Background [4] The Mangaporou Trust was constituted on...

10. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

    ...trustees resolved to engage a caretaker for the trust land. Sometime between 26 March 2010 and 28 August 2010 a majority of trustees outside of a trustee meeting appointed Leo Rewita, Chairperson of the trust, as the caretaker and granted him a licence to occupy part of the block and buildings on the block in terms more favourable than that obtainable on the open market. [35] The applicants point out that rent for the Leo Rewita’s occupation was set at $80 per week despite the fa...