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...New Zealand Tairāwhiti District A20210004048 WĀHANGA Under Sections 237, 238 and 239, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mohaka A4B DEPUTY REGISTRAR Te Kaitono Applicant Nohoanga: Hearing 7 April 2021 (Heard at Hastings) Kanohi kitea: Appearances Arthur Gemmell, Sam Gemmell, Neti Whatuira, in person Bessie Phillips, Padre Phillips, Querida Rewi and others in person Whakataunga:...
...period was from 27 January 2011 until 30 April 2011. However, the listing agreement had two sections that were incomplete. Mr Yu had not included his email address nor signed off a declaration regarding weathertightness issues. [9] The licensee claims that he contacted Mr Yu about these two matters and was advised to fill in his own email address and forward it to him and to also tick off the disclosure declaration. The licensee states that he filled in his email address but did n...
...seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that the company breached its obligations of good faith to him; he does seek to disturb the Authority’s awards. In this regard he claims that the Authority erred in fact and law in its approach to the calculation of both pecuniary (lost wages) and non-pecuniary (compensation for emotional harm) loss, and submits that both awards ought to be set aside and increased awa...
...employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Autho...
...the border in terms of the public interest in Customs’ effective regulation of people, craft and goods entering or leaving the country. The nature of the border means Customs has a limited opportunity to act, and may have to do so with limited information. We have also considered Customs’ role in the collection of Crown revenue. 8. We conclude that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. The Bill 9. The Bill revises the prin...
...in favour of the provisions of the proposed plan.11 8 RMA, s 290(1). 9 RMA, s 66(2A)(a). 10 RMA, s 290A. 11 Hibbit v Auckland Council [1996) NZRMA 529 (PT) at 533. 7 [15] Finally, because the pSWLP was publicly notified in June 2016, the applicable version of the RMA includes all amendments up to that date, inclusive of the Resource Management Amendment Act 2013 (but does not include the extensive amendments made by the Resource Legislation Amendment Act 2017). National sign...
...at Wellington) Appearances: B A Buckett, Counsel fo rthe Plaintiff Peter Churchman and Bridget Fleming, Counsel for the Defendant Judgment: 18 December 2007 JUDGMENT OF JUDGE C M SHAW Order for non-publication [1] At the joint request of counsel for the parties, there will be order prohibiting publication of the plaintiff’s medical details contained in witness statements and documents before the Court. This order extends to any references to the plaintiff’s me...
...Tangilanu’s delivery of the services she agreed to provide lacked both due care, and diligence; accordingly she breached clause 1.1(a) of the 2010 Code for those reasons. [3.2] Ms Tangilanu failed to report that Immigration New Zealand rejected the request, and did not report why it was rejected. She had a duty to do so, and accordingly breached clause 3(a) of the 2010 Code. [4] The full circumstances are set out in the substantive decision. The Parties’ Positions on Sanctions [...
...after deduction of commission, (and with the agreement of both the vendor and purchaser’s solicitors) the balance paid to the vendor. The complainant and his wife took possession in April 2010. However the trust did not settle in March 2011 and requested a month’s extension for settlement. The vendor did not grant this. Subsequently an order was brought for possession by the vendor. On 29 September 2011 the High Court granted the vendor possession of the property and cancelled th...
...in the substantive decision Stanimirovic v Levarko [2018] NZIACDT 3, and an interim decision on sanctions issues in Stanimirovic v Levarko [2018] NZIACDT 8. Those decisions should be read with this decision. [2] The interim decision on sanctions requested that the Registrar clearly express her view on sanctions, particularly as she had moved from her initial position which would have resulted in at least the temporary exclusion of Mr Levarko from the profession. In addition, the Tri...