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1. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

   ...and Mrs B’s entitled to payment of legal costs? Did the contract, on its true construction, intend to cover the event in question? CI0301_CIV_DCDT_Order Page 2 of 4 6. Mr G and Mrs G, who represented HD Limited, claim that the following clause in the contract covers the situation: “[HD Limited] shall not be held responsible for any damage, expense or inconvenience caused by late arrival of public transport, schedule changes, strikes, vehicle breakdown, Acts of God, or oth...

2. [2010] NZEmpC 62 NZ Meat Workers & Related Trades Union v AFFCO NZ Ltd [pdf, 63 KB]

   ...further subspecies of departmental agreements at individual plants. The core collective agreement makes no express provision for, or otherwise in relation to, trial or probationary periods of employment. The core collective agreement contains clauses that are relevant to the issues in this case relating to security of employment (cl 28), seniority (cl 29), personal conduct (cl 31), warnings (cl 32), and dismissals (cl 33). [7] From the commencement of the 2009/2010 season, new emp...

3. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   Justices of the Peace Amendment Bill 10 May 2006 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Justices of the Peace Amendment Bill(PCO 5145/7) Our Ref: ATT395/8 1. We have considered the Justices of the Peace Amendment Bill (PCO 5145/7) for consistency with the New Zealand Bill of Rights Act 1990 ("NZBORA") and advise that the Bill does not contain any provisions that are inconsistent with NZBORA. Nonetheless, three issues aros

4. Juneja v Kumar [2016] NZIACDT 13 (18 March 2016) [pdf, 116 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2016] NZIACDT 13 Reference No: IACDT 050/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Mohit Juneja Complainant AND Mayank Kumar Adviser DECISION REPRESENTATION: Registrar: Ms F Mohammed and Ms A Skadiang, lawye

5. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...May 2014, Immigration New Zealand declined the application. [6] The Registrar identified potential infringement of professional standards during the course of Mr Kumar’s engagement, the allegations were that potentially: [6.1] Mr Kumar breached clauses 2(e) and 3(c) of the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code). The provisions required him to obtain informed 3 instructions, and act in accordance with immigration legislation. The circumstances...

6. BORA Real Estate Agents Bill [pdf, 292 KB]

   Real Estate Agents Bill 30 November 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Real Estate Agents Bill (PCO 8334/10) Our Ref: ATT395/49 1. I have reviewed this Bill ("the Bill") for consistency with the New Zealand Bill of Rights Act ("BORA"). I conclude that: 1.1 While questions arise as to: 1.1.1 The consistency of the minimum age (of 18 years) for certain licence-holders under cl 34 of the Bill with th

7. BORA Drug and Substance Checking Legislation Bill [pdf, 138 KB]

   ...not carry out specified functions of a drug and substance checking service provider without having been appointed. Under clause 35DE, it is an offence for a service provider to breach any of the terms or conditions of its appointment. Both of these clauses provide a defence of ‘reasonable excuse’ to these offences. 11. We note that there are currently no limitations on the terms and conditions that may be set for a service provider. This may give rise to issues of proportionality, b...

8. Elder v CAC 10062 & Barker [2013] NZREADT 71 [pdf, 63 KB]

   ...5 [a] Did not find any compelling evidence that the licensee misled or misrepresented the Complainant regarding the ownership status of the small laundry; [b] Found that the licensee included in the sale and purchase agreement all additional clauses necessary to protect the purchaser when resource consent and title were pending; [c] Accepted that the Complainant had formed the view that the small laundry was part of the property he was buying; [d] Accepted that the preliminary p...

9. Rata – Pakanae 2W1B (2016) 125 Taitokerau MB 17 (125 TTK 17) [pdf, 214 KB]

   ...distinguished the decision in Housing Corporation of New Zealand. Judge Ambler considered that the terms of the tripartite deed before him did not expressly state that the house was to be regarded as a chattel. In particular, Judge Ambler referred to clause 21(b) of that deed which stated: 19 21 THAT if the Lender shall elect pursuant to clause 20 hereof to sever and remove the House from the Site then the following provisions shall apply. … (b) The House (excluding the Si...

10. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

    185 Taitokerau MB 148 IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO MANIAPOTO DISTRICT A20150002556 A20160004194 UNDER Sections 117 and 118, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Succession to Carol Ngawhira Tanui Fleet BETWEEN MAUREEN VINCENT and JOHN FLEET Applicants AND NATHAN KENNEDY Respondent Hearing: 22 October 2015, 117 Taitokerau MB 76-85 25 – 26 July 2016, 136 Taitokerau MB 141-269 21 March 2018,