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1. [2023] NZACC 126 BI v Accident Compensation Corporation (Weekly Compensation) [pdf, 200 KB]

   ...The Appellant in person Mr P McBride for the Respondent Judgment: 1 August 2023 ___________________________________________________________________________ JUDGMENT OF JUDGE C J MCGUIRE [Calculation of weekly compensation s 103; Clause 34 Accident Compensation Act 2001] ___________________________________________________________________________ [1] The issue in this case is one of quantum of weekly compensation arising from a 2004 covered event. [2] In his n...

2. AF v Secretary for Justice 16 May 2012 NZRA 000007 [pdf, 121 KB]

   ...local knowledge of the applicant was properly brought to any recommendation to be made in respect of the application for approval. That on consideration of the late information that the applicant supplied, he had not met the requirement of clause 3 of the Legal Services (Quality Assurance) Regulations 2011 in that he had appeared as counsel with substantial and active involvement in only two trials on indictment. The applicant had argued that a third matter, namely a dispute...

3. [2015] NZSSAA 015, 31 March [pdf, 46 KB]

   ...essential item or service. [18] The High Court has previously found that “essential means indispensible or absolutely necessary”.1 Thus, while a need may be highly desirable, the term “essential” denotes a high threshold. [19] Clause 2.2 of the Ministerial Directive requires that we have regard to a number of matters in determining whether or not there was an immediate need for an essential item or service. This includes the effect on the beneficiary or the beneficiar...

4. Griffiths v Real Estate Agents Authority (CAC 412) & Burnett [2017] NZREADT 26 [pdf, 206 KB]

   ...meant that the advertisement needed to be corrected after it was posted online; [b] Mr Burnett included incorrect details about the fixed assets of the business on the agreement of sale and purchase; [c] Mr Burnett included a restraint of trade clause in the agreement for sale and purchase which was for a 3 year restraint when the complainant and the licensee had discussed a year long restraint; [d] Mr Griffiths had actually introduced the purchaser himself rather than through M...

5. [2022] NZEnvC 101 Otago Regional Council - Urban Provisions [pdf, 1.9 MB]

   ...while recognising the need to consider the practical constraints on upgrading existing infrastructure; (d) to delete clause (b)(i) and to retain (b)(ii) and (iii) as notified but renumbered as (i) and (ii); and (e) to include two additional sub-clauses related to reducing and/or attenuating stormwater being discharged during rain events and preferring discharges to land. [46] Ms Boyd recommended the same grammatical corrections as for Policy 7.C.5 referred to above. Policy 7.C...

6. [2022] NZEnvC 101 Otago Regional Council [pdf, 1.4 MB]

   ...while recognising the need to consider the practical constraints on upgrading existing infrastructure; (d) to delete clause (b)(i) and to retain (b)(ii) and (iii) as notified but renumbered as (i) and (ii); and (e) to include two additional sub-clauses related to reducing and/or attenuating stormwater being discharged during rain events and preferring discharges to land. [46] Ms Boyd recommended the same grammatical corrections as for Policy 7.C.5 referred to above. Policy 7.C...

7. CBC v KFTO [2012] NZIACDT 24 (25 May 2012) [pdf, 131 KB]

   ...before the Tribunal were: [11.1] The complaint could be upheld on the basis Ms KFTO failed to communicate to Ms CBC the terms of the agreement to provide services, and all significant matters relating to it prior to Ms CBC entering into it (Code clause 1.5(a)). [11.2] The terms of that agreement did not contain a full description of the services to be provided (Code clause 1.5(b)). [11.3] Ms KFTO’s response to Ms CBC terminating her engagement, being to rely on the agreement to refu...

8. Benjamin v Smith - Te Puna 154D3B2B (2005) 81 Tauranga MB 175 (81 T 175) [pdf, 715 KB]

   ...in area to 3800 square metres. On 18 August 1989 the Smiths entered into a Tripartite Deed with the Housing Corporation and the trustees to enable them to build a house on the block. There were two parts to the Deed. The first part containing 35 clauses is primarily an agreement for the Housing Corporation to provide Smiths with finance to build a house on the block but also includes clauses binding the trustees. The second part contains a schedule (The Schedule) setting out terms for a...

9. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...trafficking of firearms, their parts, and ammunition; and • removal or altering of firearm markings without lawful excuse. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 21: right to be secure against unreasonable search and seizure Clause 40 –New sections 61 and 61A substituted 5. Clause 40 of the Bill gives rise to prima facie issues of consistency with section 21 of the Bill of Rights Act. This clause amends the principal Act by repealing section 61 and sub...

10. [2021] NZREADT 41 - London v Cartwright (3 August 2021) [pdf, 294 KB]

    ...property would be theirs. [8] The complainants’ offer of $510,000 was accepted (following the vendor cancelling an existing offer on the property) but the complainants’ contract was cancelled in late November 2019 pursuant to a “sunset” clause in the agreement for sale and purchase. The property was then relisted for sale at BEO $560,000 then, as at February 2020, at BEO $605,000. [9] In its substantive decision the Committee found that Mr Cartwright was deceptive in pro...