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1. BORA Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill [pdf, 241 KB]

   ...complaints mechanism, unless the complaints process is first followed. While s 445E(a) relates to court proceedings generally, we note that it has the potential to affect judicial review proceedings relating to such matters. 36. The courts interpret clauses limiting judicial review strictly and attempt to limit their effect as much as possible by presuming that Parliament does not intend to empower statutory authorities to conclusively determine questions of law. 11 37. However, new...

2. [2013] NZEmpC 242 Udovenko v Offshore Marine Services Ltd [pdf, 153 KB]

   ...no different from a Monday to Friday worker who is required to invest their own time in maintaining the employment relationship and that, in any event, most of the work that the plaintiff did was self-generated and unhelpful. Analysis [19] Clause 16(a) of the agreement (“Time off, and holidays”) expressly recognises the equal time on – equal time off system that operates within the industry and on which salaries are based. [20] Clause 8 (“Remuneration”) sets out the s...

3. CAC402 v Zhang [2016] NZREADT 25 [pdf, 124 KB]

   ...evidence is that this was a spur of the moment decision. He says he was unaware that the email contained pricing information and that his intention in taking the photograph had been to provide himself with a written record of the 3 additional clauses that Mr Appleby had been asking to have included in the agreement. He said that English was his second language and he was not able to read Mr Appleby’s writing as to the additional terms. He said he was embarrassed to ask him t...

4. avie v CAC 20002 & Goradia [2014] NZREADT 53 [pdf, 44 KB]

   ...The appellant opined that the complainant sought too high a price for his property in terms of its value and state of maintenance. [17] Generally, the evidence of the appellant covered the facts as set out above. He sought to make something of a clause in the listing agreement which reads: “(e) After the agency has ceased, cancelled or expired, for a further period of 60 days it is further agreed that any signs, photograph(s), electronic advertising, display materials, or marketing...

5. BORA Canterbury Earthquakes Insurance Tribunal Bill [pdf, 616 KB]

   Crown t · Jr1 Law . .. r . • 18 May 2018 A ttorney General Canterbury Earthquakes Insurance Tribunal Bill (Consultation draft): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/283 1. l have considered the above Bill for consistency with the N cw Zealand Bill of Rights \ct 1990 (the Bill of Rights Act). I advise that the Bill appears to be consistent with the Bill of Rights Act. t\ copy of the consultation dra

6. [2019] NZEnvC 208 Aratiatia Livestock Limited v Southland Regional Council [pdf, 11 MB]

   ...(ENV-2018-CHC-029) ... ( continued on last page) Appellants SOUTHLAND REGIONAL COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner R M Bartlett Environment Commissioner S G Paine Special Advisor W R Howie at lnvercargill on 4, 5, 6, 7, 10, 11, 12, 13, 14, 18, 19, 20, 21 June and 29, 30, 31 July 2019 Site visits held on 27 and 28 July 2019 P A C Maw and K J Wyss for Southland Regional Council B J Matheson and K S Brown for Fonterra Co-operative Group

7. DS Ltd v I Ltd [2023] NZDT 565 (28 November 2023) [pdf, 181 KB]

   ...duplicate foreign exchange contracts that turned out to be unfavourable, and failed to complete bank reconciliations. I Ltd estimated that it suffered losses to a value exceeding $30,000.00 from his actions and omissions. 13. However, besides the clauses already mentioned, clause 8.1 of I Ltd’s contract with DS Ltd provided, “All warranties expressed or implied by law or custom are excluded.” Clause 8.2 provided: “…neither party shall be liable to the other for any consequen...

8. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...other persons or groups who are not party to those claims are in comparable circumstances. Excluding others from those entitlements does not give rise to any differential treatment for the purpose of s 19. Issues under ss 20 and 27(2) — privative clauses 4. Clause 15 provides the settlement of historical claims is final and excludes the jurisdiction of any court, tribunal or other judicial body to consider the historical claims or settlement, other than in respect of the interpretatio...

9. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. Issues under ss 20 and 27(2) - Privative clause 4. The Bill provides in cl 14 that the settlement of the historical claims is final and excludes the jurisdiction of any court, tribunal or other judicial body to consider the settlement and historical claims, other than in resp...

10. A Nair v Devi [2014] NZIACDT 4 (29 January 2014) [pdf, 47 KB]

    ...for the grounds of complaint was set out in the Registrar’s Statement of Complaint as a less than detailed narrative of the professional engagement. [4] The adviser had responded to the complaint. She addressed the issues raised in a letter. [5] The adviser lodged a Statement of Reply in response to the Statement of Complaint. She accepted the Statement of Complaint adequately set out her position. [6] The Statement of Complaint refers to various materials filed by the Registrar. When...