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1. 20241210 Maori Purposes Bill [pdf, 199 KB]

   ...freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 9. The Bill contains some clauses that can be categorised as requiring the provision of information2 and others that prescribe the way information is to be provided3. This can, prima facie, be seen as infringing on the right to freedom of expression. 10. Under sec...

2. [2016] NZEmpC 142 Leota v The CE of the Ministry of Social Development [pdf, 279 KB]

   ...until 30 June 2015 (CA 2012). This was renewed for the period 1 July 2015 until 30 November 2016 (CA 2016). There were no material differences between the collectives in respect of the relevant sick leave provisions applying in this case. The clauses of the collective agreement referred to in this judgment are those contained in CA 2016. [7] Mr Leota was on an extended period of special leave for four months until 2 April 2015 when he returned to work. On 4 June 2015 he was to...

3. BORA Canterbury Earthquake Response and Recovery Bill [pdf, 191 KB]

   ...response to the earthquake that occurred in Canterbury on 4 September 2010. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. 4. In reaching this view, we have closely examined clause 6 of the Bill. This provision enables the making of Orders in Council relaxing or suspending some statutory requirements that may otherwise divert resources away from the effort to efficiently clean up the damage caused by the Can...

4. Trustees of Tarawera C9 - Tarawera C9 (2004) 175 Napier MB 212 (175 NA 212) [pdf, 586 KB]

   ...W W Isaac, Deputy Chief Judge K W Lardelli, Clerk of the Court 23 April 2004 A20040001296 Tarawera C9 237/93 RESERVED DECISION Minute nook: 175 NA 212 1. This is an application by the Trustees of Tarawera C9 pursuant to s237/93 and clause 9 of the Trust Order for the approval of an annual payment of $1500.00 per Trustee in addition to attendance and other fees previously approved. 2. The application was accompanied by an affidavit of Ewan Richard Gardiner, Chartered Accou...

5. McCarthy & Anor v CAC 20007 & Anor [2014] NZREADT 94 [pdf, 53 KB]

   ...the neighbouring properties was owned by the Mine, but denies any other representations. [8] His evidence to the Tribunal is that Mr and Mrs McCarthy did not accept his advice to have the usual protections in the agreement – LIM, a due diligence clause and a solicitors approval clause. He says they were keen to buy the property and they wished to dispense with these requirements. Mr and Mrs McCarthy essentially agreed that they did not want these items although they deny that Mr Matu...

6. Zhang v Deng [2012] NZIACDT 26 (31 May 2012) [pdf, 129 KB]

   ...of the instruction had not been completed. [56] From the time Ms Deng became licensed, she was required to act in compliance with the Code. The Code requires an agreement that contains “a full description of the services to be provided” (Code Clause 1.5(b)), and “clients must confirm in writing that they accept the terms of agreements” (Code Clause 1.5(d)). A copy of the Code and internal complaints procedure must also be supplied (Code Clauses 1.4(a), and 9(b)). [57] When Ms D...

7. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...immigration instruction. [7] The Registrar’s investigation reduced the grounds of complaint from including dishonest or misleading behaviour to two simple issues. The first aspect of the complaint is: 3 [7.1] An alleged breach of clauses 1.5(a), 8520(b) and (d), and 9(b) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). [7.2] Those provisions relate to the requirement to commence a professional relationship with a written agreement meeting par...

8. Kaka - Estate of Raymond Reimana Poata Kaka Tuwhangai (2002) 120 Otorohanga MB 15 (120 OT 15) [pdf, 945 KB]

   ...Lynley's grandson LAWRENCE CRAIG REWI THOMPSON if he is living at my death and reaches the age of 20 years. If he dies before me or before reaching that age, to divide the residue equally among his children living at my death. 3.4 tf the trusts in clauses 3.2 and 3.3 fail, to transfer the residue to my grandson NICK HAMORAI KAKA. The present application only involves succession to Maori land interests. Te Ture Whenua Maori Act 1993 restricts the ability of owners of Maori la...

9. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2010] NZWHT Auckland 31 [pdf, 304 KB]

   ...above the claimants allege that the Boes ought to be found liable in contract due to misrepresentations made prior to the purchase as well as for breach of the terms in the Agreement for Sale and Purchase, namely the vendor warranty set out under clause 14.2 of the Agreement. (i) Misrepresentation [56] The claimants allege that the misrepresentations are contained in two documents, namely the email from Mrs Boe to Ms Fischer in October 2006 and Mr Murphy’s report of Nov...

10. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

    ...works). [22] Based on the information provided in the applicant’s submissions, the Tribunal sets the total price for electronic copies of the two works infringed at $4.78. [23] Determining the contribution to the total sum to be ordered under clauses 12(2)(b) and (c) is more difficult. As is noted above, reg 12(2) requires the Tribunal to determine a number of “sums”, including those set forth in (b) and (c): “(b) the cost of any fee or fees paid by the rights owner t...