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1. BC v BB Ltd [2023] NZDT 376 (18 July 2023) [pdf, 113 KB]

   ...cost around $13,000.00. (c) I have taken into account Mr N’s comment that new projectors only have a warranty of up to 2 years, and new bulbs have a 3-month warranty. (d) I am satisfied that s138 of the CCLA does not provide an ongoing protection for a buyer from failure of second-hand goods such as the Projector. BB Ltd therefore cannot be held responsible for the Projector failing unexpectedly, particularly when it is unclear what caused it to fail, and Mr N and BC have confl...

2. Family Legal Advice Service Operational Policy v1.8 June 2018 [pdf, 1 MB]

   Family Legal Advice Service Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.8 July 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in rela...

3. Maori Trustee - Huriwai Family Trust (2011) 13 Takitimu MB 17 (13 TKT 17) [pdf, 92 KB]

   ...position could be reviewed in 12 months time. I record that there was no significant opposition to that proposal while acknowledging that Mr Tihema supported the appointment of replacement trustees from the owners. [12] In my assessment, having carefully reviewed the submissions of the parties, the evidence on the Court file and related considerations, the most practical outcome for present purposes is for the Māori Trustee to be appointed and for the owners elected at the recent...

4. 2017 NZSSAA 016 (20 April 2017) [pdf, 87 KB]

   ...consider is whether the Ministry was correct to decline an application for an advance payment of benefit or Special Needs Grant of $139.96. It relates to a power bill that Mr XXXX received. Mr XXXX’s support requires him to manage his money very carefully. Through a set of 2 circumstances which were no fault of Mr XXXX’s, he did not receive his power bill and did not realise there was money owed for that month. When he did receive a subsequent notification of the amoun...

5. BORA State Sector Amendment Bill (No.3) [pdf, 19 KB]

   ...remedies in individual cases substantially addresses the issue of natural justice. Conclusion 10. We consider that although the Bill does not appear to be inconsistent with the Bill of Rights Act, the procedures in the Bill could be strengthened to protect the interests of individual teachers. This might be done by an administrative or legislative requirement to advise teachers, at the time the Board of Trustees reports to the Commissioner the names of non-striking teacher, whether or...

6. BORA Regulatory Reform Bill [pdf, 299 KB]

   ...that conveys a meaning or attempts to convey a meaning. • In this case, the information that must be provided to the clients of the recognised person or agency does not appear to be sufficiently "expressive" in content to attract the protection of s 14 of the Bill of Rights Act. It does not compel any agency or person to state an opinion or say something that the person or agency does not believe to be true. Information about the withdrawal or surrender of recognition...

7. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination. [1] 6. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Removal of graffiti can be viewed as a prima facie limit on the right to freedom of expression. Is this a justified limit under s 5 of the Bill of Rights Act? 7. Where a provision is foun...

8. CE v TFX [2011] NZIACDT 6 (14 February 2011) [pdf, 52 KB]

   ...Code having been developed pursuant to section 37 of the Act (published www.iaa.govt.nz). In addition, under section 44(2)(d) as being dishonest or misleading behaviour. [3] Clause 1 of the Code requires that a licensed immigration adviser act with care, respect, diligence and professionalism, and clause 2.2 prohibits advancing vexatious or grossly unfounded immigration applications. Factual Background [4] The Tribunal undertook a review of the whole of the papers presented, and issu...

9. BORA Children Young Persons & Their Families (Youth Courts Jurisdiction & Orders) Amendment Bill [pdf, 304 KB]

   ...remove the hearing from the Youth Court. In that situation the presiding Judge will be under an obligation to ensure compliance with s25(i) [4] , and the principles underlying the Youth Justice regime will generally continue to be applied[5]. 8. The protections for young people under that scheme are further bolstered in relation to prosecution by the requirement in cl 11 (new s 272A(c)) that the young person must understand that his or her act is wrong or contrary to law. Orders in re...

10. BORA Vehicle Confiscation and Seizure Bill [pdf, 284 KB]

    ...the third party is being punished for the offending of another without charge or trial. The issue comes down to whether the seizure, confiscation, and possible sale or destruction, amount to a criminal penalty and so require the criminal procedure protections under s 25 of the Bill of Rights Act.[2] If the orders are civil in nature, no issue arises. 11. It is generally recognised that forfeiture regimes for the seizure or confiscation of property involved in offending are not crimina...