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1. Boyd-Dunlop & Anor v CAC307 & Anor [2016] NZREADT 8 [pdf, 170 KB]

   ...and he assumed that to be so and he told that to the licensee who simply said that he should keep any use “low key”. [20] Mr Boyd-Dunlop accepted that for the protection of him and his wife as purchasers, the licensee inserted a due diligence clause in the agreement for sale and purchase and recommended that they obtain legal advice on the transaction. [21] At that point all counsel accepted that the focus on this case is on the existence of restrictive covenants on the propert...

2. Pita v Ngatiwai ki Whangaruru Whenua Topu Trust - Whangaruru Whakaturia 1D9A and Whangaruru Whakaturia 1D10A (2010) 10 Taitokerau MB 40 (10 TTK 40) [pdf, 130 KB]

   ...before the Court be taken to a further special general meeting of beneficiaries to express a view. Reduction in trusteeship of the Trust [23] Mr Peters argued that as the number of trustees of the Trust has fallen below seven, as required by clause 3.1 of the trust order, the remaining trustees’ only function is to replace the trustees who have died or resigned. Consequently, so he argued, the Trust was not able to carry out any other functions and should be terminated. Mr Peter...

3. [2012] NZCA 25 CA562/2011 Service Food Workers Union v Cerebos Greggs Ltd [pdf, 166 KB]

   SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA V CEREBOS GREGG'S LIMITED COA CA562/2011 [21 February 2012] IN THE COURT OF APPEAL OF NEW ZEALAND CA562/2011 [2012] NZCA 25 BETWEEN SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA Appellant AND CEREBOS GREGG'S LIMITED Respondent Hearing: 17 November 2011 Court: O'Regan P, Harrison and Wild JJ Counsel: P J Cranney and A J Connor for Appellant J E Latimer for Respondent Judgment: 21 F

4. [2007] NZEmpC AC 1/07 McKean v Board of Trustees of Wakaaranga School [pdf, 148 KB]

   ...Collective Employment Contract (Agreement) (2001-2003) “… which, with all necessary modifications, are applicable to an individual employment agreement for teachers employed in Primary Schools”. Expressly excluded, however, were “… any clauses available only to NZEI Members who are party to the C.E.C.”. At no relevant time was Mr McKean a member of the union, the New Zealand Education Institute Inc (NZEI). [7] Material parts of the collective agreement includ...

5. Mansell - Haparangi A4 (2005) 288 Rotorua MB 9 (288 ROT 9) [pdf, 808 KB]

   ...leave the transferor with less than 200,000 shares. Any transfer must also conform with the requirements and restrictions in Te Ture Whenua Maori Act 1993; (e) Notwithstanding section 253A of Te Ture Whenua Maori Act 1993 and, except as set out in clause 8 below, the Incorporation is to have all the capacity and powers conferred by section 253; (f) Any unclaimed dividends (being unclaimed dividends in accordance with section 267) shall vest in the Charitable Trust; (g) Any proxy need...

6. Pukeroa Oruawhata Trust - Pukeroa Oruawhata Trust (2005) 293 Rotorua MB 74 (293 ROT 74) [pdf, 503 KB]

   ...Court in respect of trusts. The trust order is also varied to take into account postal voting and for the avoidance of doubt voting is to remain by shares as there was no mandate to alter that at the recent general meeting. In terms of the mandate clause again it is varied along the lines I have mentioned previously that the Trust has the mandate to represent its beneficial owners in claims before the Tribunal and any other fora' and the Trust has the ability to support, represent by...

7. ND v EN [2022] NZDT 263 (13 December 2022) [pdf, 149 KB]

   ...diligence, and obtain its own building report. However, just because they had the opportunity to do so, does not excuse the vendors misrepresentation. 17. Further, under s 50 of the CCLA, the Tribunal has discretion to go behind an entire agreement clause, such as a no representation clause, unless it considers in all the circumstances, that it is fair and reasonable that the clause should be conclusive. 18. I accept that in this case both parties were legally represented. However,...

8. [2016] NZSSAA 039 (16 May 2016) [pdf, 35 KB]

   ...essential item or service. This includes the effect on the beneficiary if the need is not met, when that effect is likely to have an impact on the beneficiary, and the beneficiary’s ability to meet the need from his or her own resources. [15] Clause 5 of the Direction provides that every advance is to be recovered from the beneficiary at a rate that will ensure that the advance is repaid within 24 months after making the advance. In addition, there are limits on the amount of advan...

9. Vaerla v Devi [2014] NZIACDT 3 (29 January 2014) [pdf, 87 KB]

   ...and her status as a licensed immigration adviser being used. [27] Those findings would establish a breach of the Code of Conduct in that: [27.1] The adviser acted unprofessionally by being a party to the unlawful provision of immigration advice (Clause 1.1 of the Code of Conduct). [27.2] The adviser failed to initiate the professional relationship in accordance with the Code of Conduct (Clause 1.5 of the Code of Conduct). [27.3] The adviser failed to refund fees (Clause 3(d) of the C...

10. BORA Taxation (Annual Rates for 2019-20, GST Offshore Supplier Registration, and Remedial Matters Bill [pdf, 144 KB]

    ...Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 26(1) (retroactive criminal liability), s 25(c) (the right to be presumed innocent until proven guilty) and s 27(1) (right to justice). Our analysis is set out below. The Bill 4. The Bill is a taxation omnibus Bill which amends the Income Tax Act 2007, the Goods and Services Tax A...