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1. NQE v Tan [2013] NZIACDT 46 (01 August 2013) [pdf, 131 KB]

   ...power to regulate its own procedure (section 49(1)). However, for a professional disciplinary body in contemporary New Zealand to operate without its decisions being available to the public would be a truly exceptional situation. [57] The Court of Appeal in R v Liddell [1995] 1 NZLR 538 at 546 per Cooke P said, in relation to the question of name suppression: [T]he starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings, and the right...

2. [2023] NZREADT 31 - CAC 2102 v Hoogwerf (2 November 2023) [pdf, 223 KB]

   ...engagement of Mr Hoogwerf by a licensee be terminated and that no agent employ or engage him in connection with real estate agency work. [43] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. PUBLICATION [44] Having regard to the interests of the public in the transparency of the Tribunal and knowing of wrongdoing by licensees, it is appropriate to order publication of this decision.14 _...

3. Taka - Koparakore A32 A2 B3B (2016) 55 Takitimu 134 (55 TKT 134) [pdf, 327 KB]

   ...meeting. At the hui those present raised concerns about the site for the occupation order and access to the land. 7 Rudolph v Reti – Otetau B3A2 [2011] Māori Appellate Court MB 143 (2011 APPEAL 143) 8 Ibid 9 Brown v Māori Appellate Court [2001] 1 NZLR 87 (HC) http://www.justice.govt.nz/courts/maori-land-court/documents/judgments/pdfs-maori-appellate-court-sittings/2011/Otetao%20B3A2.pdf/ 55 Tākitimu MB 138 [...

4. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...for legal aid was sent on 4 February 2011. 6. The plaintiff was able to pay his solicitors a personal cheque for the filing fee on Monday, 7 February 2011 and confirmed that he wished to proceed. 7. The plaintiff’s counsel miscalculated the appeal period so that he saw the period for filing the challenge as expiring on Tuesday, 8 February 2011. ... [9] Ms Ironside submitted that the failure to file the statement of claim on time indicated a “careless, indifferent or cav...

5. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa [pdf, 238 KB]

   ...I can share my fish with you. And so I request from one Taniwha to another, that the Mana of this Court, upholds the Mana of the Waitangi Tribunal Court who uphold my own Mana as a Treaty Partner and ask that you digest the importance of my appeal. It should be noted that pre 2000, the various Crown agencies accepted representative of Waiheke Island at that time, was the late Hariata Gordon of Ngati Paoa. My father Mason Clarke aka Meihana Te Uri Karaka occupied the deputy cha...

6. Te Tii Waitangi B3 Trust (2011) 17 Taitokerau MB 294 (17 TTK 294) [pdf, 110 KB]

   ...-and this is the forum for that to be addressed. H Rameka: No Sir it isn't. The beneficiaries are the owners of the land with respect to the Court, not this Court. But, as soon as I get your thing then I will know what timeframe I have to appeal. Thank you very much for hearing my korero. [11] Mr Rameka then left the hearing. [12] I have summarised Mr Rameka’s views as best as I can. Having seen and heard Mr Rameka in person I would describe his manner as belligerent a...

7. CAC 401 v Black & Wong [2016] NZREADT 42 [pdf, 149 KB]

   ...submissions on penalty to be received 15 working days thereafter. (c) The Authority may respond to any new matters raised in the defendants’ submissions two working days after the decision. [32] The Tribunal draws to the parties’ attention the appeal provisions of s 116 of the Real Estate Agents Act 2008. ______________________________ Hon P Andrews Chairperson ______________________________ Ms K Davenport QC Deputy Chairperson _________________________...

8. [2011] NZEmpC 95 Walker v Procare Health Ltd [pdf, 113 KB]

   ...who, at one stage, had acted as mediator in relation to the dispute. Section 148 of the Act imposes strict obligations of confidentiality on persons providing mediation services and those obligations were recognised and enforced by the Court of Appeal in Just Hotel Ltd v Jesudhass. 10 Section 148(2) specifically provides: (2) No person who provides mediation services may give evidence in any proceedings, whether under this Act or any other Act, about – (a) the provision o...

9. Hooker v Director-General of the Department of Conservation (2012) 38 Taitokerau MB 219 (38 TTK 219) [pdf, 179 KB]

   ...and vindication of a plaintiff’s possessory right: Mayfair Ltd v Pears.8 [17] In TCN Channel Nine Pty Ltd v Anning an award of $25,000 in a case concerning an intrusion on to land to obtain a television interview. The New South Wales Court of Appeal in that case found: 9 The hurt to feelings, humiliation and affront to dignity experienced by the respondent was aggravated by the way in which the appellant acted in the course of its trespass. It confronted the respondent with c...

10. [2015] NZEmpC 58 Hoff v The Wood Lifecare (2007) Limited Industries [pdf, 177 KB]

    ...Court must order the employer to pay the lesser of a sum equal to the lost remuneration or to three months' ordinary time remuneration. Under s 128(3) the Court has a discretion to order an employer to pay a greater sum but, as the Court of Appeal made clear in Sam's Fukuyama Food Services Ltd v Zhang, 11 moderation is required in fixing awards for lost remuneration and any such award must have regard to the individual circumstances of the particular case. [75] I consid...