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1. Mangu - Motatau 1B3E2 (2003) 98 Whangārei MB 152 (98 WH 152) [pdf, 291 KB]

   ...consequently, is not a fit and proper person to hold shares in the Land. Therefore, due to past conflict and continuing hostility between the Applicant and Mr Paewhenua on the one hand and Mr Mangu and his whanau on the other, it would not be appropriate to permit the gifting to proceed; (d) Mr Paewhenua, through his past actions, has not been a suitable custodian of T e Hawera homestead or the bridge that provides access to the house and consequently should not be provided with further...

2. [2016] NZSSAA 036 (16 May 2016) [pdf, 25 KB]

   ...in good faith; (d) the beneficiary changed his position believing he was entitled to receive the money and would not have to repay it; and (e) it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [17] Pursuant to s 86(9B) of the Act, the term “error” includes: (a) the provision of incorrect information by an officer of the Ministry; (b) an erroneous act or omission occurring during an investigation of benefit en...

3. Jace Investments Limited and Anor v CAC304 & Anor [2015] NZREADT 86 [pdf, 115 KB]

   ...towards its legal costs. On behalf of the Authority, Ms Lawson-Bradshaw opposes that on the following bases, namely: [a] There is no jurisdiction to award costs against the Authority under the Real Estate Agents Act 2008; and [b] Even if it were permitted by the Act, a costs order against the Authority is not justified in the circumstances. Background [4] The appellant Maketu Estates Ltd complained to the Real Estate Agents Authority about the conduct of the second respondent lic...

4. TL v NM LCRO 34 / 2012 (18 January 2013) [pdf, 77 KB]

   ...is any wrongdoing in TL providing an agent with a copy of the Agreement document. [27] It should also be noted that the fact that a document or other information might be able to be obtained through another process (such as discovery) does not permit or excuse the release of that information. Indeed the footnote to Rule 8 makes it very clear that information may be confidential to a client notwithstanding that it may be otherwise available. 6 [28] There is some...

5. Auckland Standards Committee v Clews [2014] NZLCDT 49 [pdf, 53 KB]

   ...proper penalty, will impose a period of four months suspension. [20] We recognise that the practitioner employs a significant number of staff and has currently Court commitments which in the interest of his clients we consider he ought to be permitted to meet. For these reasons the period of suspension will commence on 1 October 2014. 5 See note 3. 6 At para 22. 6 [21] The practitioner defended the proceedings, as he is ent...

6. [2022] NZEnvC 257 Waikato District Council v Bushell [pdf, 209 KB]

   ...Respondent consented via email on 10 December 2022 to the removal of the stockpile of earth on 24 Heather Green Avenue, provided that there is no damage to the property in the process. Accordingly, the Council advises that it no longer seeks an order to permit such removal given the Third Respondent’s consent. The parties also advise that agreement has not been reached in respect [1] [2] [3] [4] [5] 5 of the costs of the investigation and monitoring of adverse effe...

7. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...their questions from the staff at the consultancy. However, he did not believe there was clear evidence that the clients received unlicensed immigration advice. The consultancy’s staff had confirmed in writing that they understood they were not permitted to do so and that they had not given immigration advice to the clients. [32] According to Mr Singh, any breach of cl 1 was inadvertent. Having accepted a lack of due care in regard to cl 1, Mr Singh also acknowledged that thi...

8. AJ v Secretary for Justice 4 August 2012 NZRA 000010 [pdf, 124 KB]

   ...respect of (a) in para 9 he was Counsel assisting in 2 matters and was lead counsel in respect of the 3rd matter. b. In respect of the requirement of “substantial and active involvement in at least 3 trials, he submitted that the Secretary is not permitted to arbitrarily narrow the term down to courtroom activity and that reg 6(2) requires a more holistic approach. In addition to being satisfied about the experience and competence requirement in the Schedule to the Regulations,...

9. Taueki - Horowhenua 11 (Lake) Māori Reservation (2005) 154 Aotea MB 96 (154 AOT 96) [pdf, 353 KB]

   ...generations of Muaupoko must demand this of their leaders, lest the pathway to eventual resolution forever remain elusive. The critical point here is that while litigants are entitled to have their applications determined according to law, I will not permit the Court to be used in a manner that may lead to an abuse of process. Decision Having carefully considered the material before the Court, for the reasons stated the application is dismissed for want of jurisdiction. this :2.-, n-...

10. [2006] NZEmpC CC 2A/06 Rawlings v Sanco NZ Ltd [pdf, 32 KB]

    ...challenge by hearing de novo in Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315, para [2]. [13] As to the scope of the challenge, this is a matter of determining what issues may be put before the Court and the extent of evidence that may be permitted to be called about these issues. [14] Each of the three issues on which the Authority relied to dismiss the grievance ought fairly to be within the scope of the challenge. These are the compliance with the 90-day issue, whether s1...