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1. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...as “at the lower end of the scale, following a concession to that effect made in submissions on behalf of Mr Spencer”. [23] Mr Rea also emphasises that the defendant has had misconduct charges, and the threat of potential cancellation of his licence hanging over his head for a year or so and submits that, in itself, has been a significant penalty which he has already endured. [24] It is also put by Mr Rea, on behalf of the defendant, that the defendant has not previously appeare...

2. [2018] NZEnvC 019 Falvey v Christchurch City Council [pdf, 2 MB]

   ...after the Council's planner filed a supplementary brief of evidence attaching a recent opinion from an in-house lawyer. The lawyer's opinion was that the occupation "could not" be authorised, nor could the authority grant a licence in perpetuity to landscape the road reserve. [8J The applicant says this legal opinion represented a material shift in the Council's stance. Having conferred with the Council prior to the hearing, the applicant says he was led to...

3. [2021] NZEnvC 054 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1 MB]

   ...identification to the court's hearing manager showing that you are a member of a recognised media organisation. Suitable identification is an identification card or letter from your organisation along with your personal identification (eg, a driver licence). Please do not be offended by this requirement. It is designed to ensure that only members of recognised media organisations can benefit from the use of the press benches and other privileges accorded to such members (eg, those r...

4. [2021] NZEnvC 182 Country Lifestyles Limited v Auckland Council [pdf, 221 KB]

   ...to review the decision on the objection and determine whether it was fair and reasonable. I record that an agreed statement of facts and an agreed document bundle has been filed. Mr Hassall [21] Mr Hassall is the Council’s General Manager Licencing and Regulatory Compliance. [22] Mr Wedd advised that Mr Hassall is to be called as a witness so he can: (a) explain the Council’s position on AUP Chapters 11 and 12 Earthworks district and regional; and (b) confirm statemen...

5. De Heer v CAC 302 & Bernard [2016] NZREADT 33 [pdf, 140 KB]

   ...and instead he would have told them to take legal advice. [15] The Tribunal agree therefore that there was a failing in the supervision by Mr Wotherspoon, but what of Mr de Heer’s own conduct? Section 36(2A) provides that a person who holds a licence as a salesperson and has had less than six months’ experience cannot prepare an agreement for sale and purchase. Clearly the preparation of the agreement was in breach of s 50. We also find that Mr de Heer was in breach of s 36(2A) b...

6. Ransfield v Whaanga - Town Section 90 Mahia and Town Section 91 Mahia (2012) 16 Takitimu MB 130 (16 TKT 130) [pdf, 137 KB]

   ...damage caused to the land; iii. For an injunction in terms of s 19(1)(a), restraining the respondent or her family from entering upon the land, on the grounds that the respondent is in possession of Māori freehold land without right, title or licence. [2] It should also be noted that on 13 October 2008 an interim injunction was granted by Judge Harvey, preventing the respondent and her family or agents from dealing with or causing any harm to the land. 1 The application referr...

7. MM v Registrar of Immigration Advisers [2020] NZIACDT 3 (23 January 2020) [pdf, 120 KB]

   ...an issue concerning delivery of his passport and about other assistance (not relating to immigration) which M J promised but did not complete. [33] The appellant sought an apology, a refund of the fees and the cancellation of the adviser’s licence. 6 [34] In support of his complaint, the appellant sent a letter to the Authority on 20 April 2019. He pasted into the letter copies of restaurant photographs, an advertisement for the new seafood restaurant and a notice statin...

8. Davis - Ahipara A8B (2014) 88 Taitokerau MB 186 (88 TTK 186) [pdf, 152 KB]

   ...long as it does not interfere with the rights of her fellow owners. If she wishes to achieve some certainty about the use of a greater area, she can always get the written agreement of her fellow landowners or enter into some sort of lease or licence. That is up to her to pursue. Orders [20] Accordingly, I invoke s 37(3) of the Act and make the following orders: 88 Taitokerau MB 192 (a) section 322 of the Act cancelling the roadway order over A8A1, A8A2 and A8B dated...

9. Kaka v Ruapehu District Council - Ohura South N2E1B (2014) 328 Aotea MB 176 (328 AOT 176) [pdf, 195 KB]

   ...agreement by the RDC to waive the penalty fees I issued an order on 22 August 2014 charging the block in the amount of $9,537.37. 3 At the same time an order was made appointing an agent for the block for the purpose of arranging a suitable lease or licence for the benefit of the owners and to negotiate with RDC for the payment of the costs owing on the land. The charging order was to remain in force until discharged by the Court and the appointment of agent was to continue for a p...

10. Waikato Bay of Plenty Standards Committee No. 2 v Mr M [2016] NZLCDT 24 [pdf, 46 KB]

    ...from Mr M in terms of assisting her to make her claim on the estate. The difficulties arose in this, and indeed in some of the banking transactions because Ms G no longer had any form of verifiable identification, having destroyed her driver’s licence and having no current passport. The interest in the estate was a significant one and was expected to yield Ms G some $500,000 to $600,000. [14] Prior to the EPA becoming operative, Mr M’s evidence is that he and Ms G had had con...