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1. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [pdf, 229 KB]

   ...sanctions, the Tribunal will take into account the previous two complaints upheld against Mr Ji.10 Given his poor disciplinary record and his dishonesty, the Tribunal will consider whether to remove him from the profession or to deprive him of a full licence. The parties are asked to address this. Mr Ji is urged to seek legal advice, or at least engage with the Tribunal even at this late stage of the disciplinary process. Timetable [69] The timetable for submissions will be a...

2. Bahramitash & Goundar v Real Estate Agents Authority (CAC 402) [2017] NZREADT 8 [pdf, 228 KB]

   ...Committee found that the Agency as well as Mr Goundar had engaged in unsatisfactory conduct and made penalty orders against it. Mr Goundar named the Agency as second appellant in the appeal 001/16. The Agency was sold after the appeal was filed. Its licence has not been renewed and the new owner has advised the Tribunal that he has no interest in pursuing its appeal. The appeal by the Agency is deemed to have been abandoned. Background facts [5] At the time of the relevant eve...

3. Joint Memorandum of Counsel in response to Court's Minute on Risks [pdf, 1.9 MB]

   ...road infrastructure assets such as footpaths, kerbs, catch-pits, pavements and street furniture; x) “Team Leader Compliance Monitoring – Central” means the Team Leader Compliance Monitoring – Central for the time being of the Council’s Licencing and Regulatory Compliance Department; 2. [not used] 3. [not used]The consent holder shall appoint a suitably experienced person with appropriate seniority for a period of 10-years from commencement of the consent to: (a) Take r...

4. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 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 [46] 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 [47] 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 standa...

5. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...law and this could have been done in the context of a dispute. It was open to the plaintiff to challenge it, as he did, by way of a personal grievance and allegations of breach of the statutory requirements. That did not, however, provide any licence to award substantial compensation for distress and humiliation for unlawful behaviour in what was clearly a legitimate difference of opinion. [32] In the hearing Mr Pollak had contended that the defendant was legally correct and tha...

6. Arama - Whatitiri 13B2B2 (2013) 69 Taitokerau 158 (69 TTK 158) [pdf, 114 KB]

   ...the Court cannot partition productive farm land such as this because of a vague desire to establish housing. More to the point, if and when the applicants develop a concrete proposal for housing then it can be achieved by occupation orders or licences to occupy. Partition is simply not necessary for housing to be established on the land. [30] There is otherwise no practical reason for a partition. Mandatory considerations – section 288(1) [31] Clearly the bulk of the owners...

7. Gough-Pataua 4B (2011) 19 Taitokerau MB 1 (19 TTK 1) [pdf, 160 KB]

   ...each owner was at law entitled to the use of the whole land, that is, there were no separate areas. However, notwithstanding the position at law, owners invariably agreed on the allocation and use of land without resort to legal tools such as licences, leases or orders of the Court. Such arrangements may be expected in relation to any land in multiple-ownership. In respect of Māori freehold land, these arrangements may be regarded as a form of tikanga. [38] Thus, the tikanga t...

8. Justice Statistics data tables - notes and trends June 2022 [pdf, 243 KB]

   ...rounded up to 3. 6 The percentages will not add to 100% as the victim types are calculated independently. 7 People convicted of driving under the influence may receive numerous sentences per charge (e.g. community work, supervision, zero alcohol licence and disqualification from driving), however the data shows only the most serious sentence imposed. 8 Note that a person’s sentence may be influenced by their previous offending history. As such, the people convicted and sentenced...

9. Fenton - Rūrima Māori Reservation (2004) 102 Whakatāne 196 (102 WHK 196) [pdf, 851 KB]

   ...enjoyment as beneficial ovvners 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 therefrom until the reservation is cancelled: (see Re Mt Tauhara Maori Reservation; Re Rahui A13 Block (1992) 32 Gisborne MB 370; and Re Ruawahia 2B (1992) 6W...

10. Mohinui 3B2B (2011) 27 Taitokerau MB 136 (18 TTK 6) [pdf, 150 KB]

    ...each owner was at law entitled to the use of the whole land, that is, there were no separate areas. However, notwithstanding the position at law, owners invariably agreed on the allocation and use of land without resort to legal tools such as licences, leases or orders of the Court. Such arrangements may be expected in relation to any land in multiple-ownership. In respect of Māori freehold land, these arrangements may be regarded as a form of tikanga. [38] Thus, the tikanga t...