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1. Rātima v Sullivan - Tataraakina C Trust (2017) 64 Tākitimu MB 121 (64 TKT 121) [pdf, 874 KB]

   64 Tākitimu MB 121 IN THE MĀORI LAND COURT OF NEW ZEALAND TĀKITIMU DISTRICT A20140005905 UNDER Sections 37, 231, 237, 238 and 240 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Tataraakina C BETWEEN HENARE TONGARIRO PUWAI RĀTIMA Applicant AND GEORGE SULLIVAN, HORO EDWARDS, IVY KAHUKIWA SMITH, JOHN WANO AND TANIA HUATA KUPA AS TRUSTEES OF THE TATARAAKINA C TRUST Respondents Hearing: On the papers Appearances: C Bennett fo...

2. Morgan v The Real Estate Agents Authority (CAC 20003) NZREADT 82 [pdf, 331 KB]

   ...amount estimate of the commission to be paid by Mr Denize (as purchaser) to Mr Morgan, nor did it advise that further information on agency agreements and contractual documents is available from the Authority. Presumably he was referring to s.126 to 128 of the Act (dealing with Agency Agreements) and Rules 9.8 to 9.11 (also dealing with agency agreements). He may also have been referring to Rules 9.19 (conflicts of interest) and 6.4 (disclosure to vendor of a financial benefit). Serio...

3. [2017] NZEnvC 053 Federated Farmers of New Zealand v Mackenzie District Council [pdf, 17 MB]

   BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: Date of Decision: IN THE MATTER AND BETWEEN Decision No. [2017] NZEnvC 53 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule to the Act FEDERATED FARMERS OF NEW ZEALAND (INC) MACKENZIE BRANCH (ENV-2009-CHC-193) Appellant (and others - continued over page) MACKENZIE DISTRICT COUNCIL Respondent Environment Judge J R Jackson Environment Commissioner J R Mills at C

4. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...migration opportunities, and [126.2] received disinterested advice on what she should do to maximise those opportunities. [127] The Code of Conduct is designed to ensure that will not occur when a client engages with a licensed immigration adviser. [128] It is necessary to consider Ms Scholes’ response to the issues raised. Ms Scholes’ response [129] An element that runs through Ms Scholes’ response to the complaint is that she was entitled to rely on Ms Rubio and is not respo...

5. LL v Sun [2019] NZIACDT 3 (30 January 2019) [pdf, 253 KB]

   IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2019] NZIACDT 3 Reference No: IACDT 016/16 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY THE REGISTRAR OF IMMIGRATION ADVISERS Registrar BETWEEN LL Complainant AND JIANYA SUN Adviser DECISION Date: 30 January 2019 REPRESENTATION: Registrar: S Carr, counsel Compla

6. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...making its proposal to the Authority. [41] A non de novo challenge arises from an election made pursuant to s 179 of the Act. A party dissatisfied with the written determination of the Authority may elect to have the matter heard by the Court. Section 179(3) provides that the election must: 179 Challenges to determinations of Authority … (a) specify the determination, or the part of the determination, to which the election relates; and (b) state whether or not the par...

7. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...Thereafter, ACC carried the primary responsibility for providing for support of DSO by CSN. [8] There are two issues which now fall for determination by the Court: (a) Was CSN a care and support worker under the Vaccinations Order? 1 Section 4 and sch 2. (b) Did the employment relationship between the parties continue from 23 November 2021 to 27 April 2022? The framework for the work performed by CSN [9] DSO has cover under the Accident Compensation Act 2001 as...

8. [2019] NZEnvC 160 Hawthenden Limited v Queenstown Lakes District Council [pdf, 21 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No. [2019) NZEnvC 160 of the Resource Management Act 1991 of appeals under clause 14 of the First Schedule of the Act concerning Topic 2: Sub-topic 1 of the Proposed Queenstown Lakes District Plan HAWTHENDEN LIMITED (ENV-2018-CHC-55) UPPER CLUTHA ENVIRONMENTAL SOCIETY (INC) (ENV-2018-CHC-56) SEVEN ALBERT TOWN PROPERTY OWNERS (E

9. [2022] NZEnvC 077 Durham Property Investments Ltd v Napier City Council [pdf, 898 KB]

   Durham Property Investments Limited v Napier City Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 077 IN THE MATTER OF an appeal under section 120 the Resource Management Act 1991 (the Act) BETWEEN DURHAM PROPERTY INVESTMENTS LIMITED (ENV-2021-AKL-102) Appellant AND NAPIER CITY COUNCIL Respondent Court: Environment Judge MJL Dickey, sitting alone pursuant to s 279 of the Act Date of Ord...

10. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

    ...Court is limited. The following arguments advanced by the plaintiff do, however, fall legitimately within those confines. [35] Next, counsel submitted that the Court’s finding of bad faith under s 4 did not only constitute a breach of that section. The company’s case is that, additionally, bad faith disqualified the drivers from earning wages because of their activities and intentions on 1 August 2007. 14 To swindle, cheat,...