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1. About the Tribunal

   ...Assessment Committee (a Committee) of the Real Estate Authority (the Authority). The Tribunal also hears and determines applications for a real estate agent’s or agency’s licence to be suspended until the charges have been heard.  It also deals with appeals against a committee’s decisions and reviews the decisions of the Registrar not to grant or renew a real estate licence.  Powers of the tribunal If the Tribunal finds a licensee guilty of misconduct it can make any of the...

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   2. Real estate agents

2. [2011] NZEmpC 13 Carter Holt Harvey Ltd v EBIIWU [pdf, 118 KB]

   ...The Authority referred to the two approaches suggested by counsel for the defendants and then proceeded to apply what counsel for the plaintiff has referred to as the “Binnie analysis”, a reference to the approach sanctioned by the Court of Appeal in Binnie v Pacific Health Ltd. 5 [14] Without making any express reference to the Binnie decision, the Authority rejected the daily tariff approach and proceeded to fix an award in the sum of

3. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...be a significant in-road into what is otherwise a matter to be negotiated freely between the parties to the bargaining. He suggested this would be wholly inconsistent with both the statutory scheme as interpreted by this Court and the Court of Appeal. In the Service & Food Workers Union case, this Court found at para 96 that the Act “contemplates one set of negotiations for the same parties initiated either by a union or unions or by an employer or employers.” Mr Cook also...

4. [2010] NZEmpC 59 Wellington Free Ambulance Service v Adams [pdf, 46 KB]

   ...Marinkovich,4 and, most recently, NZEMPU Inc v Zeal 320 Ltd.5 [10] The principles for deciding applications for interlocutory injunctive relief are traceable to the House of Lords in the United Kingdom via judgments in the High Court and the Court of Appeal such as Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd.6 These referred to and adopted the judgments in the House of Lords in American Cyanamid Co v Ethicon.7 In that case, Lord Diplock stated at p 406: … where the...

5. [2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]

   ...is never established that he or she committed a crime in the course of the agency or employment. That is not indemnifying for criminal conduct, but indemnifying for the consequences of working in the employer’s or principal’s interests. On appeal, although on other points, the Court of Appeal opined in Davidson: 13 … the indemnification of agents at common law does not extend to expenses incurred in defending an allegation that the person charged did something which he or sh...

6. [2006] NZEmpC WC 17/06 Bryson v Three Foot Six Ltd [pdf, 54 KB]

   ...that short delay. No evidence of prejudice was adduced and the defendant’s witnesses were required in any event for the 90-day issue to be heard. [14] For the same reason, I have been able to evaluate in full the merits of the substantive appeal on both the issues Mr Bryson wishes to challenge. [15] In these circumstances, there is a strong degree of artificiality in assessing the merits of the claim for the purpose of this application separate from that of the appeal. [16] A...

7. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...discretion to make orders as to costs but, as with all such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton-Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [3] The fundamental purpose of an aw...

8. Carley (INZ) v Kim [2015] NZIACDT 47 (7 May 2015) [pdf, 145 KB]

   ...under the Act demonstrate that was a well-founded apprehension. The courts have imposed sentences of imprisonment for offending; the gravity of this offending is evident in the decisions culminating in the Supreme Court’s refusal to grant leave to appeal in Hakaoro v R [2014] NZSC 169. That decision refused leave to appeal against a sentence of one year and eight months imprisonment on charges where a person without a licence provided immigration advice, and held himself out as licensed...

9. Watene v Maynard - Bob Watene Whānau Trust (2015) 43 Takitimu MB 185 (43 TKT 185) [pdf, 209 KB]

   ...requirement for unanimous owner or beneficiary support for the termination of a trust under s 241… 9 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159) 10 Ibid at [22] to [23] http://www.lexisnexis.com/nz/legal/search/enhRunRemoteLink.do?ersKey=23_T22595021952&backKey=20_T22595021957&homeCsi=274497&A=0.27399979430275323&urlEnc=ISO-8859-1&&dpsi=0069&re...

10. Ngatai - Te Puna Parish 154D5A1 Block (2012) 34 Waikato Maniapoto MB 111 (34 WMN 111) [pdf, 111 KB]

    ...1 In that decision the Appellate Court considered earlier decisions in Cleave – Orokawa 3B 2 , White - Maketu A2A 3 , Craig v Kira - Wainui 1 (2011) 2011 Māori Appellate Court MB 215 (2011 APPEAL 215). 2 (1995) 4 Taitokerau Appellate MB 95 (4 APWH 95). 3 (1999) 1 Waiariki Appellate MB 116 (1 AP 116). 34 Waikato Maniapoto MB 116 2F4D 4 , and Property Ventures Ltd v Parata – Ngarara West B3B 5 in coming to a determ...