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1. Fifita v Tangilanu [2015] NZIACDT 15 (06 March 2015) [pdf, 152 KB]

   ...and Ms Tangilanu did not document or perform her engagement in accordance with the Code. [3] The Tribunal upheld the complaint. In particular, breach of the following obligations in the Code: [3.1] due care and diligence in performing services (clause 1.1(a)), [3.2] reporting and providing timely updates (clause 3(a)), [3.3] documenting the engagement and delivering professional services in accordance with the Code (clause 1.5(b), 3 and 8(b)), and [3.4] representing immigration...

2. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...In the context of a settlement that addresses specified historical claims brought by these iwi, no other person could be said to be in comparable circumstances to those who are to receive entitlements under the Bill. 4. In respect of both Tapuika (clause 287A) and Ngati Rangiwewehi (clause 162A) the Bill reserves a special right of access to protected sites on Crown forest land transferred to iwi as part of the settlement. This right of access applies to Māori for whom the protected sit...

3. Edwards - Te Komiti Z2B (2013) 67 Taitokerau MB 85 (67 TTK 85) [pdf, 85 KB]

   ...proceeding close to the children at which stage Raniera then tried to strike at my son Wetene. [12] At the hearing on the 20th of August 2013 Mr Rapana denied assaulting Mr Kingi and said that he simply fended him off. Non-attendance at meetings [13] Clause 9 of the marae charter requires the trustees to call a special general meeting to discuss any action to remove a trustee. Clause 9 requires the trustees, together with the trustee whose actions are complained of are to try and...

4. [2014] NZEmpC 68 Howell v Zeetags [pdf, 143 KB]

   ...pay is payable to Mr Howell in relation to the Growth Incentive payment, Zeetags is liable for such payment and not the other parties. Contractual provisions [7] The IEA, in view of the link with the other agreement, contained a clause ensuring that the restrictive covenants in the IEA (being restraint of trade provisions) did not derogate from, limit, or vary the obligations under the GIA. The GIA in turn contained a provision that: This agreement is intended to...

5. LCRO 98/2018 and 201/2018 HK v CN (22 May 2019) [pdf, 238 KB]

   ...stated that the purchasers knew he “did not own the property” which he was purchasing from the developer. (b) Variation — insertion of issue of title condition [19] He said that on 18 March 2016 Ms EH informed him of the cost of “drafting clauses” for the sale agreement. He claimed that on 22 March 2016 Ms EH, having drafted the variation, but without having advised him of the effect of the condition proposed by the purchasers, forwarded the variation to him for his signa...

6. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...(cl15). Such bodies retain jurisdiction over the interpretation or implementation of the deed or the Act. 3. The Bill would transfer various items of commercial and cultural redress in settlement of historical claims. Section 27(2) issue 4. The clauses in the Bill ousting the jurisdiction of courts and the Waitangi Tribunal (cll 13, 15 & 128) raise an issue about compliance with s 27(2) of the Bill of Rights. That section provides: “Every person whose rights, obligations or inter...

7. Naidu v Devi [2014] NZIACD 7 (05 February 2014 ) [pdf, 48 KB]

   ...Negligence might be added as an additional ground of complaint on this basis, if the facts on this issue are made out. [4] The Statement of Complaint also raises a further ground for complaint being that there was no written agreement as required by Clause 1.5 of the Code of Conduct. [5] The adviser denies the alleged facts, says she engaged with the instructions personally, and is not responsible for any professional failings. [6] There is a fundamental issue of credibility; the Tribu...

8. Electoral (Right to Switch Rolls Freely) Amendment Bill [pdf, 204 KB]

   ...and to determine the number of Māori seats for parliamentary elections. The Bill 6. The Bill amends the Electoral Act 1993 (the principal Act) to: a. enable Māori voters to switch between the Māori and general electoral rolls at any time (clause 7); b. require the Representation Commission to set dates within two years of each general election for the Māori electoral option to be notified, the Māori electoral population to be calculated, and for electoral district boundaries...

9. Electoral (Right to Switch Rolls Freely) Amendment Bill [pdf, 204 KB]

   ...and to determine the number of Māori seats for parliamentary elections. The Bill 6. The Bill amends the Electoral Act 1993 (the principal Act) to: a. enable Māori voters to switch between the Māori and general electoral rolls at any time (clause 7); b. require the Representation Commission to set dates within two years of each general election for the Māori electoral option to be notified, the Māori electoral population to be calculated, and for electoral district boundaries...

10. [2024] NZEmpC 80 Glenfield College BOT v Anderson Interlocutory No 2 Judgment. [pdf, 174 KB]

    ...individual employment agreement. The agreement draws in substantially the same terms as a collective agreement (the Support Staff in Schools’ collective agreement). The challenge raises issues as to the interpretation and application of a clause in that collective agreement relating to variation of agreed hours of work. [3] NZEI Te Riu Roa and the Secretary for Education are parties to the collective agreement and say that they have an interest in the matters at issue...