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1. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

   ...any conveyance, transfer, or other instrument of assurance, together with all rights and remedies (if any) to which the owners were entitled in respect of the land immediately before the 125 Waiariki MB 264 vesting but subject to any lease, licence, mortgage, charge, or other encumbrance to which the land or assets may be subject at the date of the making of the order, and the fact that the land or other assets is or are held by that person or those persons on trust shall be s...

2. [2015] NZSSAA 105 (24 December 2015) [pdf, 46 KB]

   ...Federal Court, in 0769449 B.C. Ltd (cob Kimberly Transport) v Vancouver Fraser Port Authority.4 3 [1984] 2 FC 381 at para 2. This case involved a decision by the Port Authority to terminate a trucking licence and an initial refusal to name the decision-maker. 4 [2015] FC 252. 5 [19] Zinn J accepted the principle and rationale in Wah Shing and added: “failure to name the decision-maker also prevents an affected party from d...

3. CAC 20004 v Gardiner [2014] NZREADT 65 [pdf, 36 KB]

   ...the evidence speaks for itself and whatever Mr Gardiner’s motivation the text was plainly aimed at ensuring that anything illegal was moved from “The Barn”. Mr McCoubrey submitted that there was a nexus between the conduct and Mr Gardiner’s licence and that no real estate agent should be tipping off anyone so to prevent the Police from being able to carry out their duty. Mr Waymouth argues that the conduct does not amount to disgraceful conduct. [9] There is no doubt that Mr G...

4. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [pdf, 147 KB]

   ...26 September 2017 at 1.53 pm, the adviser sent an email to the cousin, copied to Mr Khan, accepting the signed service agreement and service acknowledgement. 1 [adviser] no longer holds a current licence. 3 [9] The copy of the service agreement sent to the Tribunal is expressed to be between the adviser’s company and the cousin and to have been “made” on 22 September 2017. It bears the cousin’s signature against which is...

5. QX v XN Ltd [2024] NZDT 110 (16 April 2024) [pdf, 207 KB]

   ...was an issue with the tightness of the clamp. 15. XN Ltd said that a service by a [vehicle make 1] dealer, as required by the manufacturer, would have included checking the hose clamps. XN Ltd provided a letter from [service centre] in [City], a licenced [vehicle make 1] service centre, which said that as part of a service the engine cooling system is checked which includes checking the coolant level and condition of the radiator and heater hoses and hose clamps. 16. I accept that...

6. Tauranga District Council - Lot 1 DPS 86263, Part Mangatawa Papamoa Block and Lot 1 DPS 86263 (2007) 87 Tauranga MB 288 (87 T 288) [pdf, 378 KB]

   ...A Maori incorporation that executes an instrument of alienation of Maori freehold land must - ( a) if the alienation is by way of sale or gift, get the instrument confirmed by the Court under Part 8; and (b) if the alienation is by way of lease, licence, or forestry right, for a term of more than 21 yeas (including any term or terms of renewal), or mortgage, send a copy of the instrument to the Registrar for noting; and the Registrar must note the contents of that instrument. [12] By...

7. Te Manutukutuku Issue 23 [pdf, 2.5 MB]

   ...power to make a binding recommendation to government to return to Maori ownership any land or interests in land transferred to state enterprises under the State-Owned Enterprises Act 1986 or any Crown forest land which is subject to a Crown forestry licence. Under the 1993 amendment this provision still holds. The amendment Act gives the following definition of the' term 'private land': 'Private land' means any land, or interest in land, held by a person oth...

8. [2006] NZEmpC AC 58/06 McLean v Buy West Reality Ltd [pdf, 118 KB]

   ...The contract [9] The recitals read as follows: A. The company wishes to appoint the Contract to carry out certain consultancy services and the Contractor has agreed to accept such appointment. B. The Company is the holder of a Real Estate licence under the Real Estate Agents Act 1976. C. The Contractor has agreed to subcontract with the Company to manage one of the offices operated by the Company. D. The parties wish to record the terms and conditions upon which the services s...

9. BU and others v KC [2021] NZDT 1712 (13 December 2021) [pdf, 152 KB]

   ...original position of the letterboxes is from the plan provided by the surveyor. The plan shows that the letterboxes were supported by a post and fence well into KC’s exclusive use area. At best, the cross-lease neighbours therefore had a temporary licence to put the letterboxes in that position. It was not a term of the cross-lease and could be revoked by KC at any time. I do not agree with the applicants that the letter from KC’s lawyer bound her into a contract to replace the letter...

10. Opai - Kohatutaka 6A10D2C (2014) 93 Taitokerau MB 6 (93 TTK 6) [pdf, 238 KB]

    ...sometimes exists between utilisation and retention. I do not consider, given the degree of urbanisation of the owners that there remain opportunities to work together across the different branches of the whānau by establishing a trust and granting licences to occupy or by the Court granting occupation orders. [24] Thus, I find that the partition is necessary to facilitate the effective operation, development, and utilisation of the land and that there is no reasonable alternative...