Search Results

1. Regulatory Impact Statement Civil Fees Review [pdf, 179 KB]

   ...relevant variables, such as which costs are included. Due to a drafting anomaly in the District Courts Fee Regulations, it is not possible to charge fees for many applications in the District Courts, for example appeals, unit title disputes, limited licences in cases of suspension, variation of licences, impounding of motor vehicles and removal orders under the Local Government Act 2002. These and other services in courts and tribunals are provided free to the public and many fees do no...

2. Joe Atama Adams Pomare Whānau Trust v Adams - Waiaua A1C (2014) 93 Taitokerau MB 253 (93 TTK 253) [pdf, 190 KB]

   ...There is nothing in writing which has been filed with the Court to confirm the support of those owners. If there is such support it is possible that this may give rise to other claims of occupation such as whether the Atama whanau were given a licence to occupy part of the block or whether equitable principles such as estoppel arise. Such arguments have not been put before me although I note that the Atama whanau have not had the benefit of legal advice or representation. This mat...

3. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

   ...being engaged in the delivery of professional services, to a degree that is unusual in the regulation of professional service delivery. [30] It was foreseeable that 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 this was a well-founded apprehension, and an area where enforcement action has bee...

4. Wallis & Anor as Trustees of The Seaview Trust v Wet-Seal NZ Ltd [pdf, 117 KB]

   ...franchise system and the franchise image following - (no image included). The installation and/or application of the authorised products and related products for customers in the territory’. 52. The exclusiveness was confined to the territory, the licence to use the marketing and other assets of the franchisor were non-exclusive. The use of the signs relating to Wet-Seal was prescribed. Marketing was managed by Wet-Seal. 53. Purchase of materials and supplies was controlled by the fr...

5. Kauikia-Stevens v Tume -Te Wirihana Tawake Whānau Trust (2016) 354 Aotea MB 36 (354 AOT 36) [pdf, 256 KB]

   ...progressed as soon as possible. Whilst there is no formal agreement in place the trust is failing to receive rent for the dwelling. There is also the added problem of the dwelling being on the land without the trustees of the marae granting a licence to occupy or and occupation order being made in favour of the owners. Decision [27] The application is dismissed. [28] The trustees are directed to convene a meeting of beneficiaries to elect a trustee in place of Tiaki Tume and to...

6. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

   ...case may require, without any conveyance, transfer, or other instrument of assurance, together with all rights and remedies (if any) to which the owners were entitled in respect of the land immediately before the vesting but subject to any lease, licence, mortgage, charge, or other encumbrance to which the land or assets may be subject at the date of the making of the order, and the fact that the land or other assets is or are held by that person or those persons on trust shall be sta...

7. [2021] NZEmpC 180 Scullin v Airways Corp of New Zealand Ltd [pdf, 218 KB]

   ...517 at [5]. [11] The letter went on to say that Mr Scullin was required to complete a pre- employment drug test, which had to be completed within 21 days of his start date (the pre-employment test). [12] Mr Scullin was issued with a licence to operate as an ATC on 21 March 2020. He accepted the offer of employment with Airways on 22 March 2020 and commenced employment as an ATC at Gisborne Airport’s control tower the same day. [13] Mr Scullin undertook the pre-employme...

8. HES v Parekh [2019] NZIACDT 36 (29 May 2019 [pdf, 176 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action or uphold it and impose one or more sanctions.4 [30] The sanctions that may be imposed by the Tribunal are set out in the Act.5 It may also suspend a licence pending the outcome of a complaint.6 [31] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standar...

9. BORA Advice Maritime Crimes Amendment Bill [pdf, 255 KB]

   ...warrant in the circumstances. 6 For example, R v Godoy [1999] 1 SCR 311. 7 See, for example, Cloutier v Langlois [1990] 1 SCR 158. 8 Such as a commercial activity carried out under conditional licence: see, eg, British Columbia Securities Commission v Branch [1995] 2 SCR 3; Simmons v R [1988] 2 SCR 495. 9 See, for example, R v Rao (1984) 12 CCC (3d) 97. 10 R v Williams [2007] NZCA 52, [2007] 3 NZLR 207, (2007) 23 CRNZ 1 at [123]...

10. GL v JS LCRO 289/2013 (30 October 2014) [pdf, 56 KB]

    ...his briefcase, on arrival at his office he would have locked it in a filing cabinet. JS has also apologised to the security personnel about the incident. The Police were aware of the incident but took no steps. JS continues to hold a firearms licence. [9] The Court security team conducted its own internal investigation into the incident (i.e. the first visit when the pistol was let through) in conjunction with Court’s management; this investigation was directed to how that inci...