Search Results

1. [2019] NZEnvC 024 CSF Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

   ...(Sitting alone under section 279(4) RMA) Hearing: at Queenstown on 19 December 2018 Appearances: L Francis for CSF Trustees Limited K L Hockly for Queenstown Lakes District Council S Pierce for S R F Knowles as a section 274 party Date of Decision: 15 February 2019 Date of Issue: 15 February 2019 PROCEDURAL DECISION A: The appeal is struck out under section 279(4) RMA. B: Costs are reserved. Any application should be made within ten working days of issue of this decision. RE...

2. Racing Industry Bill [pdf, 152 KB]

   ...Rights Act affirms the right of everyone to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise. The right protects a number of values including personal privacy, dignity, and property.1 Clause 21(2) - Transfer of assets by Order in Council 13. Clause 21(2) provides for the assets of a racing club to vest in the racing code to which the club was registered following dissolution of that club. 14. While initially there was so...

3. LS v MIS [2021] CEIT-2020-0024 [pdf, 365 KB]

   ...funded and represented by a third-party funder and advocacy service; My Insurance Claim1 (MIC) (the funder) The funding is provided under the terms of a written agreement (the agreement). Medical Insurance Society (MIS) has concerns about whether clauses in the agreement could create a barrier to the settlement of the claim. Consequently, MIS has applied for terms to be inserted into the agreement to eliminate the potential barrier. The application raises wider issues around litigatio...

4. BORA Road User Charges Bill [pdf, 315 KB]

   ...system. To this end, cl 38(1) requires an electronic systems provider to report a matter to the RUC collector where the electronic systems provider knows, or has reasonable grounds to suspect that any electronic system appears to be tampered with. Clauses 38(3) and (4) also require the electronic systems provider not disclose this information to any other person. Clause 39 also requires an electronic systems provider to disclose any road user charges information to a RUC collector t...

5. 20230328-Integrity-Sport-and-Recreation-Bill.pdf [pdf, 143 KB]

   ...the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 24872/15.0). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of...

6. [2022] NZREADT 9 BT ST v REAA (12 May 2022) [pdf, 248 KB]

   ...between NKs and the Appellants for the sale of the Property (the ASP). The ASP was conditional on due diligence, finance and landlord’s consent. A 10 per cent deposit was payable when the ASP became unconditional. The ASP also included extra clauses which the Appellants 3 instructed the Licensee to handwrite into the ASP. One of these clauses, clause 24.5 read as follows: Should the status of the licence change before the settlement date, either party has the right to c...

7. BORA Financial Markets Conduct Bill [pdf, 474 KB]

   ...http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/financial-markets-conduct-bill#8-see-cls-84 http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/financial-markets-conduct-bill#9-clauses-47-3 http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resourc...

8. IU v ND [2023] NZDT 455 (1 August 2023) [pdf, 181 KB]

   ...period. 2. The parties agree that there was a signed written contract but neither party has produced a copy of the signed contract and the 3 different versions submitted to the Tribunal don’t match. On the unsigned copy filed with the claim, clause 8.3 has obviously been added to the original contract template as it is in a different size font and is not aligned with the rest of the clauses. 3. The Respondent submitted her copy, which is a blank contract for a broodmare. The Ap...

9. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...address, date of birth, the offences (or alleged offences) committed, reference to identifying information held on the offender and other identifying information prescribed by regulations. 4. The registry would not be accessible to the general public (clause 13(1)). The registry would only be accessible to members or employees of the Police for the purposes of the Bill (set out in section 3) and law enforcement purposes. The Minister would also have discretion to authorise other persons...

10. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

    ...gives the Director of Civil Aviation the power to require an applicant for a pilot’s licence to undertake any test, examination or re-examination, or to provide any medical information that the Director considers necessary to assess the applicant. Clauses 110 - 112 in Part 4 of the Bill contain offences for acting as a pilot without the required medical certificate, for making fraudulent or misleading statements to obtain a medical certificate, or for failing to disclose relevant medica...