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  1. [2023] NZREADT 19 - NQ v Real Estate Agents Authority (CAC 2104) (9 August 2023) [pdf, 169 KB]

    ...In her submissions (6 July 2023), Ms Burkhart submits that the Committee’s decisions should be upheld. [58] The auctioneer acted appropriately during the auction and did not place any undue pressure on the purchaser. He held a manager’s licence, as well as an auctioneer’s licence. He was therefore permitted to carry out real estate agency work under the Act. It is common practice for auctioneers to leave the lectern to speak to the 11 parties if the bidding stalls....

  2. Kristina-Lorraine Brook v The Real Estate Agents Authority (CAC 403) & Jason Hynes [2017] NZREADT 66 [pdf, 294 KB]

    ...did not; [i] did not provide them with the Agency’s in-house complaints procedure; and [j] did not advise them they could make a complaint to the Authority. [9] Mrs Brook sought a remedy by way of compensation, cancellation of Mr Hynes’ licence, and publication of his name. [10] Mr Hynes denied Mrs Brook’s complaints. In his response to the complaints, he said that the vendors3 had not disclosed any defect in the property, and there was nothing apparent to him when he ins...

  3. 2021-03-23 Transcript up to end of day 9 [pdf, 4.5 MB]

    ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether t...

  4. [2022] NZEnvC 113 Schmuck v Northland Regional Council [pdf, 217 KB]

    ...Capital dredging around berths, fairway and slipway in the coastal marine area. REASONS Background [1) Mr Schmuck owns and operates a small boat yard in Walls Bay, Opua. Part of the boat yard activity has occurred under the various consents and permits in the Esplanade reserve, which is part of the boat yard and the foreshore, as well as on the boat yard land itself. [2) By consent order dated 31 January 2002 land use and discharge consents and coastal permits authorising boat...

  5. Langhorne v ACC [2010] NZACA 12 [pdf, 23 KB]

    ...application by the appellant, by his solicitor, for leave to appeal to the High Court from NZACA 4/2010. [2] Applications for leave to appeal against decisions of this Authority are made pursuant to s.111 of the Accident Compensation Act 1982 which permits the Authority to grant leave for an appeal where the question of law or a matter of general or public importance is involved which ought to be submitted to the High Court for decision. [3] The grounds in support of leave are:...

  6. [2021] NZEnvC 176 Glen Dorran Farm Limited v Canterbury Regional Council [pdf, 746 KB]

    ...s88(3) RlvlA. The parties have now identified means by which the appeal can be resolved and seek leave of the court to make orders to conclude matters in relation to the appeal. Background [2] The application for resource consent seeks a water permit to take groundwater. It was lodged on 24 March 2020 and allocated reference number CRC203903. On 25 :tvfarch 2020 the application was returned on the basis that the application had no accompanying pump test. The application was otherw...

  7. 8 April 2019 Pan Pac Forest Products Limited [pdf, 873 KB]

    ...address:Oliver.Robertson@justice.govt.nz ENVIRONMENT COURT SX10044 Wellington Telephone: (04) 918 8300 Facsimile: (04) 918 8303 EC4240_NoticeOfSessionListOfParties 1. Topic: SCHEDULE OF PROCEEDINGS Direct Referral - Coastal discharge permit and occupation of the Coastal Marine area (Pulp Mill at Whirinaki) i. Pan Pac Forest Products Limited Direct Referral From Consent Authority Of Resource Consent Application pursuant to Section 87 of the Resource Manaqement Act 1991 Cou...

  8. [2013] NZEmpC 142 Air NZ Ltd v Kerr [pdf, 52 KB]

    ...26 July 2013, namely: (3) It follows from the first two principles that a party may not seek discovery of a document in order to find out whether the document may be relevant. A general trawl through the other party’s documentation is not permitted under the rules. [8] Ms Hall did not challenge that particular statement of principle but highlighted the difference in the wording between the relevant Irish regulation and reg 38 of the Regulations. [9] As time is at a premium...

  9. Farmers-For-Positive-Change-99.pdf [pdf, 195 KB]

    ...competitor for the purposes of ss308C or 308A of the Resource Management Act 1991. 5. F4PC is interested in all the proceedings. 6. F4PC is particularly interested in the following issues: a) Matters pertaining to the provision of the permitted activity pathway and flexibility for dry stock farming in the hill country, including: i. Policy / te kaupapa here 1; ii. Policy / te kaupapa here 4; iii. Policy / te kaupapa here 5; iv. Policy / te kaupapa...

  10. [2022] NZEnvC 6 Otago Regional Council - Primary Sector Provisions (Rural) [pdf, 3.3 MB]

    ...of new provisions and amendments to existing provisions to strengthen the Water Plan’s management of certain rural discharges.3 PC8 works alongside PC1 to the Regional Plan: Waste for Otago (Urban Discharges) and PC7 to the Water Plan (Water Permits) to ensure both water quantity and quality issues are addressed in the interim period before a new regional planning framework is in place.4 [3] PC8 and PC1 were developed together and notified at the same time. They were intended t...