Search Results

1. BORA Whanganui Iwi (Wanganui Prison and Northern Part of Wanganui Forest) On-account Settlement Bill [pdf, 272 KB]

   ...selection basis. Whanganui Iwi's right to purchase these properties takes effect only if Ngāti Apa (North Island) exercise their rights to purchase either the other half share of Wanganui Prison and/or the southern half of the Wanganui Forest. 3. Clause 8 of the Bill applies relevant provisions of the Ngāti Apa (North Island) Claims Settlement Act 2009, with the necessary modifications, to the transfer of the share of the Wanganui Prison and northern part of the Wanganui Forest to...

2. 7 September 2020 ENV 2017 334 000003 Proposed Plan Change 10 [pdf, 154 KB]

   ...Federated Farmers of New Zealand v Bay of Plenty Regional Council CNI Iwi Land Management Limited v Bay of Plenty Regional Council Maori Trustee v Bay of Plenty Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Propos...

3. BORA - Partnership Law Bill [pdf, 141 KB]

   ...inconsistencies, anomalies, discrepancies, and omissions. 4. The Bill seeks to provide for the ongoing recognition of business partnerships, setting out how they are formed and wound up, as well as partners’ duties to third persons and each other. 5. The Bill proposes consequential amendments to several Acts. The consequential amendments only provide for the recognition of the new title of the 2019 Act, along with modernised definitions and updated cross-references. Consistency of...

4. Māori Purposes Bill [pdf, 198 KB]

   ...1 Lake Rotoaira is defined in s 3 of the Maori Purposes Act 1959 as meaning “the body of water known as Lake Rotoaira; and includes the adjoining waters forming part of the Lake.” Consistency of the Bill with the Bill of Rights Act Clause 15 and 16 of the Bill 7. The Lake is Māori freehold land with over 11,000 beneficial owners and the Trust, an ahu whenua trust, administers the Lake on behalf of the beneficial owners. 8. Section 3 of the Maori Purposes Act defines the...

5. BORA Foreshore and Seabed Bill [pdf, 125 KB]

   ...there is no prima facie breach of sections 20, 21 or 27(3) but accept there is a significant argument for a prima facie breach of section 19, and 2.2 on the assumption there is a prima facie infringement of section 19, to consider whether the section 5 test is met i.e. whether the prima facie infringement is "demonstrably justifiable in a free and democratic society". I conclude that it is. Background to the Bill 3. The Bill is the Government's response to the substanti...

6. Thompson & Ors v CAC 20006 & Adams [2013] NZREADT 65 [pdf, 90 KB]

   ...the possession date was described as being one day after the date of the agreement, namely 10 December 2011, the special conditions included the following provisions: [a] The purchaser was given access to the property for the purpose of building (clause 20); [b] The purchaser’s access for building purposes was only effective on release of the deposit. Clause 28 required the deposit funds to go from the real estate agent’s trust account to the vendor’s solicitor’s trust accoun...

7. Jia v Wang [2011] NZIACDT 30 (19 September 2011) [pdf, 106 KB]

   ...advice. [31] It is evident a key element of the mechanism in the Act is that licensed immigration advisers are clearly identified; client relationships commence with the Adviser identifying their standing, and providing of a copy of the Code (Code clause 1.4) (along with the other Code requirements). The scope of section 6 is wide ensuring licensed advisers are not able to be used as a “front” for unlicensed operators. The legislation is structured to effect functional 5...

8. Puriri – Okaihau No3C No2 (2013) 28 Takitimu MB 129 (28 TKT 129) [pdf, 169 KB]

   ...three responsible trustees are deceased with Mr Puriri the 28 Tākitimu MB 133 only living responsible trustee since 2005. Mr Puriri has not called a general meeting of owners to elect replacement trustees and consequently he is in breach of clause 4(d) (i) of the trust order. [18] Mr Puriri remains sole responsible trustee because he has failed to call any meetings within a 12 year period. Mr Puriri thus remains sole trustee through his own inaction rather than any decision o...

9. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...explain the summary of advisers’ professional responsibilities to Mr S before entering into a written agreement with him and failed to have a record of doing so. Mr De’Ath also failed to advise him how to access a full copy of the Code. [45] Clause 17(b) of the Code stipulates that before entering into a written agreement with the client, the adviser must explain the summary of the advisers’ professional responsibilities and advise the client how to access a full copy of the...

10. BORA Legal Services Amendment Bill [pdf, 286 KB]

    ...Section 19 issues 4. Section 19 of the BORA provides for the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Limitations on grant of legal aid for proceedings under the Immigration Act 1987 5. Clause 6 of the Bill contains a proposed amendment to s 10(1) of the Legal Services Act. That provision limits the circumstances in which legal aid may be granted for the purposes of proceedings under the Immigration Act 1987. The effect of the...