Search Results

1. [2018] NZEnvC 151 NZ Energy & Ngati Rangi v Manawatu Wanganui Regional Council [pdf, 3 MB]

   ...of the High Court which issued on 7 December 2016,2 whereby this Court was directed to reconsider its interim decision. [3] A final (substantive) decision of this Court issued on 4 September 20173 The final decision determined to grant water permits sought by NZEL subject to conditions. The Court determined that the conditions presented by the Council were appropriate, with some amendments. We directed the Council to prepare a final set of conditions for approval. [4] The Counci...

2. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...complainant and her husband attended the adviser’s office. They had the name of a person working there. The signs at the premises indicated it was the practice of Mr Fernyhough, a licensed immigration adviser, and he displayed an enlarged copy of his licence in the reception area. [2.2] A core element of the services the complainant and her husband sought related to immigration. [2.3] The complainant and her husband understood they were dealing with Mr Fernyhough’s practice, but an...

3. S v Hakaoro [2015] NZIACDT 31 (17 March 2015) [pdf, 145 KB]

   ...Immigration New Zealand that the complainant and her siblings had job offers. [2.3] Mr Hakaoro used his wife to offer immigration services in exchange for sexual availability, and the provision of domestic services. [2.4] When this Tribunal cancelled his licence, Mr Hakaoro did not tell his client and made no provision for continued representation. [3] Mr Hakaoro has not responded to the complaint with an explanation or justification addressing the grounds of complaint. [4] The Trib...

4. CAC 10007 v Wallace - Penalty Decision [2012] NZREADT 70 [pdf, 40 KB]

   ...similar cases: Aitken v Real Estate Agents Licensing Board HC Christchurch AP 130/96, 6 September 1996 at 12.” 6 [28] The Tribunal was satisfied that the conduct warrants consideration of cancellation or suspension of the defendant’s licence, but took into account the context of the offending, namely a bitter and private matrimonial dispute. Further, the forgeries were not directly connected with his real estate work. The end sentence was one of suspension for 12 months....

5. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...may impose under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; Submissions [21] Mr Waalkens submitted for the Committee that cancellation is the appropriate penalty, in light of the gravity of Mr Ganesh’s conduct, in particular that he lied to the Authority’s investigator in the course of...

6. FI v UY LCRO 254 / 2010 (28 September 2011) [pdf, 89 KB]

   ...her husband that from then on, they required all communications with regard to the Estate to be directed through UY’s office. [6] FJ & FL owned a unit in a retirement village in Wellington. FL was not living in the unit and the Occupation Licence was to be surrendered. In December 2008 it had been agreed that FI’s husband would negotiate the surrender of the Licence with ACT. FI assumed that the unit formed part of the Estate and it does not appear that there was any discu...

7. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...October 2014. [11] Mr A had investments in his name, valued at approximately $220,000. There were also bank accounts in the couple’s joint names, in the amount of approximately $130,000. [12] The couple’s significant jointly owned asset was a licence to occupy a retirement apartment (the licence to occupy). This was said to be worth approximately $300,000.2 Estate planning and will instructions: [13] Mr A’s estate planning instructions to Ms McDonnell were that all prope...

8. Malcolm - Waione Y (2018) 195 Waiariki MB 111 (195 WAR 111) [pdf, 298 KB]

   ...[28] I note the following matters from the meetings held and the minutes provided to the Court: (a) At a meeting of Waione Y owners on 8 October 2017, there was extensive discussion regarding consent or otherwise from the land owners for a licence to occupy land by the whānau of Te Poroa Malcolm. (b) At a meeting held on 13 October 2017 there was one item on the agenda being Grace Malcolm seeking a licence to occupy for Waione Y. In this meeting, the trustees did not vote...

9. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [pdf, 99 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: (d) cancellation of licence: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until the...

10. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

    ...significant concern to us and reflects adversely on his fitness to conduct real estate agency work. We agree. [18] Ms Earl submits that conduct of this nature, involving as it does mismanagement of client monies, warrants suspension of the defendant’s licence and, in the particular circumstances of this case, suspension for a period of three months would be appropriate to denounce the conduct involved. She observes that, in contrast to the situation where a licensee works exclusivel...