Search Results

1. CAC20005 v Morton-Jones [2015] NZREADT 71 [pdf, 141 KB]

   ...internal controls and conduct internal checks and audits in real estate firms; and US26152 – Explain the principles of ethics applying to real estate practice. [39] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________...

2. Cavanagh v Nassiep [2012] NZIACDT 38 (31 July 2012) [pdf, 108 KB]

   ...practice. The letter suggested Mr Cavanagh simply needed to wait for Immigration New Zealand to process his application. The letter also had handwritten notes saying points had not been awarded for Mr Cavanagh being a diesel mechanic, and he should appeal. However, Ms Nassiep could not assist as she was not in New Zealand. [20.5] Ms Nassiep sent an email to Immigration New Zealand dated 24 November 2010. It referred to Mr Cavanagh’s qualifications, and said she was leaving New Ze...

3. MG v HJ LCRO 256/2013 (19 December 2014) [pdf, 66 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issue [17] The issue on review is whether there is any good reason...

4. White v Franks - Te Komiti 1A1 Ahu Whenua Trust (2018) 167 Taitokerau MB 292 (167 TTK 292) [pdf, 293 KB]

   ...Act 1993 (including the Preamble). [5] I adopt that approach.3 1 126 Taitokerau MB 54-92 (126 TTK 54-92). 2 Taurua v Harawira – Te Tii Waitangi A [2017] Maori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 3 Also see Rameka v Hall [2013] NZCA 203. 167 Taitokerau MB 294 What are the allegations against Ms Nash and Ms Franks? [6] Ms White alleges that Ms Nash and Ms Franks: (a) Bullied and intimidated her and her f...

5. [2022] NZEmpC 36 Kang v Saena Company Ltd [pdf, 231 KB]

   ...incorporated in July 2021. [41] The burden is on the plaintiff to satisfy the Court that there is a prospect that the assets will be removed, dissipated or diminished in value. The test is not unduly exacting. In Murren v Schaeffer the Court of Appeal considered this aspect of the test and commented:12 The second stage requires the Court to be satisfied there is a danger that judgment will not be satisfied because assets may be removed or dealt with in a way that frust...

6. CAC20002 v Daji [2015] NZREADT 14 [pdf, 140 KB]

   ...sentencing indication, but we fine the defendant $2000, to be paid to the Registrar of the Authority at Wellington within 20 working days of this decision. [32] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ M...

7. LCRO 68/2022 YE v AL (23 May 2023) [pdf, 200 KB]

   ...thereby prompting Mr YE to question where the water was supplied from. 6 Nature and scope of review [35] The High Court has described a review by this Office in the following way:10 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It invol...

8. [2018] NZEnvC 228 Auckland Council v Cable Bay Wines Limited [pdf, 430 KB]

   ...lawn. [5] The unconsented facilities and activities were the subject of a retrospective resource consent application by the Appellants in April 2017. Examination of the Assessment of Environmental Effects ('AEE') showed us in the s 120 appeal hearing that consent was sought for the following activities: (a) The establishment of the additional enclosed restaurant space and pizza kitchen, collectively referred to as The Veranda. (b) Use of the lawn for restaurant and outdo...

9. Ferris v Brown - Nuhiti Q Inc (2023) 117 Tairawhiti MB 216 (117 TRW 216) [pdf, 274 KB]

   ...proceedings. 10 Hettig v ANZ Bank of New Zealand Ltd – Lot 1 Deposited Plan 158328 (2014) 93 Taitokerau MB 238 (93 TTK 238), also referenced in Nicholas v The Official Assignee – Lot 6 PD 34349 [2021] Māori Appellate Court MB 228 (2021 APPEAL 228). 11 Hettig v ANZ Bank of New Zealand Ltd – Lot 1 Deposited Plan 158328 (2014) 93 Taitokerau MB 238 (93 TTK 238), at [45]. 117 Tairawhiti MB 223 [25] That means that an interim injunction under s 19(1)(b) prohibiting th...

10. [2020] NZEmpC 24 CBA v ONM [pdf, 327 KB]

    ...circumstances, scale costs should be reduced by 50 per cent for this reason. [36] In my view, such a reduction is excessive. Standing back, I consider a 30 per cent reduction is appropriate. Calderbank offers [37] The judgment of the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell provides a helpful description of the applicable principles when considering Calderbank offers.16 14 Zhang v Telco Asset Management Ltd...