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1. Kupenga - Waitakaro B Māori Reservation (2006) 72 Ruatoria MB 184 (72 RUA 184) [pdf, 891 KB]

   ...Reservation Regulations 1994. [39] The next point to note, is that while the reservation is in existence, the land comprised within it is inalienable. (s338(11)/93) However, the trustees may, with the consent of the Court, grant a lease or occupation licence of the reservation or any part of it for any term not exceeding 14 years (including any term or terms of renewal), upon and subject to such terms and conditions as the Court thinks fit. (s338(12)/93) The revenue, if any, derived...

2. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...the sole director. She remains the sole shareholder. [16] Since April 2005 Mr XXXX has been sole trader using the trading name XXXX. He holds a Kiwibank account in the name of XXXX. Ms Taylor- Cyphers confirmed that Mr XXXX personally holds a licence as a gold trader which enables him to trade gold overseas. The appeal by Mr XXXX [17] Mr XXXX did not attend the hearing to give evidence or make himself available for cross examination. His case is contained in his notice of a...

3. Payne v CAC 20005 & Ors [2014] NZREADT 1 [pdf, 152 KB]

   ...Act in respect of the conduct may be made. 8 [22] Pursuant to the 1976 Act, in appropriate circumstances the Licensing Board had the power to make three types of disciplinary orders, namely: [a] An order cancelling the salesperson’s licence; [b] An order suspending the salesperson’s licence for a period not exceeding three years; [c] An order imposing a monetary penalty. [23] Significantly, compensation was not an available remedy under the 1976 Act and is, therefore,...

4. Bisschoff v Yerman [2015] NZIACDT 101 (11 December 2015) [pdf, 165 KB]

   ...engaging in the delivery of professional services to a degree that is far from universal in the regulation of professional service delivery. [17] It was foreseeable some people who had formerly provided immigration services, and failed to gain a licence, would seek to have a licensed person “rubber stamp” their continuing activity in the industry. Unfortunately, this Tribunal’s work demonstrates that was a well-founded apprehension and an area where enforcement action has been nec...

5. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

   ...existence at the time of their appointment. He referred to the judgment of Radaich v Smith (1959). 6 It was his submission that in order for Hiakita to occupy the house, he would need a tenancy agreement from the owners, and he would need a licence to occupy, or an order from the Māori Land Court granting him occupation and access rights. [11] Mr Handley then called and led evidence from Huia Joan Peters and Mr Matekoraha (Mac) Oneroa Eruera regarding what they had observed on...

6. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...consideration. In summary, I consider that the relevant issues for determination are: 1 335 Aotea MB 55 (335 AOT 55) 337 Aotea MB 132 (a) Are the trustees required to enter into leases or licences with the applicant? (b) Are the trustees required to enter into discussions with Mr Churton? (c) Are customary rights and the Treaty of Waitangi relevant to this application? Background [4] The Mangaporou Trust was constituted on...

7. Eggo v Tupene - Opape No 1A No 1B (2017) 169 Waiariki MB 45 (169 WAR 45) [pdf, 238 KB]

   ...trustees resolved to engage a caretaker for the trust land. Sometime between 26 March 2010 and 28 August 2010 a majority of trustees outside of a trustee meeting appointed Leo Rewita, Chairperson of the trust, as the caretaker and granted him a licence to occupy part of the block and buildings on the block in terms more favourable than that obtainable on the open market. [35] The applicants point out that rent for the Leo Rewita’s occupation was set at $80 per week despite the fa...

8. Five complainants v Kumar [2015] NZIACDT 82 (17 August 2015) [pdf, 170 KB]

   ...applied for rehearing of each of these cases. The other two complaints have not yet been heard. Up to this point, Mr Kumar has been self-represented. Some of the complaints are serious and Mr Kumar could potentially have his immigration adviser’s licence cancelled. [2] Mr Kumar engaged Ms Jacinta (Jay) Sascha Maria Shadforth, who is a licensed immigration adviser, to represent him. However, the Tribunal pointed out Ms Shadforth would commit a criminal offence under section 24 of the La...

9. Broughton v Tukapua - Horowhenua 11B36 2L4A Reservation Kawiu Marae (2020) 419 Aotea MB 144 (419 AOT 144) [pdf, 201 KB]

   ...enjoyment as beneficial owners are suspended. The legal estate vests in the reservation trustees while the original owners and their successors retain the beneficial estate. As long as the reservation status exists, the reservation trustees possess a licence as to occupation, use and enjoyment of the land and the benefits accruing there from until the reservation is cancelled: Otene – Tauhara 6 Bristowe – Section 4C...

10. Ms C v REAA & Whitehorn [2013] NZREADT 24 [pdf, 102 KB]

    ...being conferred on a Complaints Assessment Committees of the Authority. [13] It is also put that a direction by a CAC as to publication under s.84(2) of the Act is not an “order” in terms of s.172(2) of the Act. [14] Also, publication was permitted under the Real Estate Agents Act 1976, so that retrospectivity concerns do not arise. ... [27] In summary, if a CAC makes a finding of unsatisfactory conduct against a licensed salesperson for conduct which occurred before the Act ca...