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1. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...costs of $120+GST. 6. The issues to be determined are: • Did ZM and DX agree to the terms and conditions in the written contract? • Did N Ltd breach the contract such that ZM and DX were justified in cancelling? • Is the intermeddling clause an unenforceable penalty clause? Page 2 of 5 Did ZM and DX agree to the terms and conditions in the written contract? 7. ZM argued that N Ltd did not explain the terms and conditions at the outset and that they did not...

2. Appendix-19-Conditions-with-Regional-Council-feedback.pdf.pdf [pdf, 1.5 MB]

   ...Geometrics: General Arrangement Plans; B. Geometrics: Plan and Long Sections; C. Geometrics: Typical Sections; D. Geometrics: Cross Sections; E. Structures; and F. Accommodation Works. b) Where there is inconsistency between the documents listed in clause (a) the requirements of these conditions prevail. Ōtaki to north of Levin Highway Project GB-030235-390-1002-V1:AS-E VOLUME II - SUPPORTING INFORMATION AND ASSESSMENT OF EFFECTS ON THE ENVIRONMENT DRAFT 17 Co...

3. BORA Legal Services Bill [pdf, 290 KB]

   Legal Services Bill 26 July 2010 ATTORNEY-GENERAL Legal Services Bill - Consistency with the New Zealand Bill of Rights Act 1990 (PCO 14368/7.1) Our Ref: ATT395/137 1. I have reviewed this Bill for consistency with the New Zealand Bill of Rights Act 1990. While the Bill gives rise to questions under ss 19, 23, 24, 25 and 27 of the Bill of Rights Act, I conclude that the Bill appears to be consistent with that Act. 2. The Bill will replace the Legal Services Act 2000 and will

4. 2023-10-12-Proposed-Conditions-12-October-2023.pdf [pdf, 2.6 MB]

   ...infrastructure, between Taylors Road (to the north of Ōtaki) and State Highway 1 north of Levin known as the Ōtaki to North of Levin Highway Project. General and Administration DGA1 to DGA9 Construction Management DCM1 Tangata Whenua Values DTW1A to DTW5 Archaeology DAH1 Communication and Engagement DCE1 to DCE3 Landscape and Visual DLV1 and DLV2 Construction Noise and Vibration DNV1 to DNV4 Construction Traffic DCT1 and DCT2 Shared Use Path DSP1 Operational Road-Traff...

5. BORA Financial Advisers Bill - addendum [pdf, 276 KB]

   ...(Justified limitations) of that Act. 3. We have reached the conclusion that the Bill still appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. BILL OF RIGHTS ACT ISSUE Section 17 – Freedom of association Clause 48 (Disqualified person must not be member of approved professional body) 4. Paragraph 14 of the advice notes that under clause 9(1) of the Bill a person may not perform financial adviser services for a consumer unless that person is...

6. D Ltd v Q Ltd [2025] NZT 36 (7 February 2025) [pdf, 121 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 5 to revision, the reference to the current owners of the house (“they”) suggesting that a third party had control of the timing, “looking at” being consistent with an estimate rather than a promise, and the absence of any clause in the signed agreement regarding timing. 6. Alternatively, the purchaser submitted that the response was misleading because it withheld relevant information, specifically that the tenants had not been given notice to le...

7. [2023] NZEnvC 120 Dewhirst v Canterbury Regional Council [pdf, 4.5 MB]

   ...cancel this enforcement order. Amendments sought [7] On 30 March 2023, the applicants applied to change the enforcement order made on 19 August 2020 and amended on 25 August 2021. [8] The applicants seek the following changes: (a) delete subclauses C(d)-(h) inclusive, Clause E, Schedule 2 and Schedule 3; and (b) inset a new sub-clause C(d), to be worded as follows: 'Not undertake any planting on the remnant of the Bund (provided that this Order does not restrict planting...

8. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...where they reasonably consider it necessary. For this reason, we are satisfied that the Chief Executive would only be able to prevent access to a specified area or building where it is reasonably necessary to achieve the purpose outlined above. Clauses 45 and 46 of the Bill, therefore, appear to be consistent with the Bill of Rights Act. Section 21 – Right to be Secure Against Unreasonable Search and Seizure 10. Section 21 of the Bill of Rights Act affirms the right of everyone...

9. 2020-12-07 Statement of Evidence of Tom de Pelsemaeker on behalf of the ORC - Appendix A.pdf [pdf, 378 KB]

   1 447585.29#4972508v3 APPENDIX A PLANNING PROVISIONS REFERRED TO IN EVIDENCE - INDEX DOCUMENT DESCRIPTION PAGE NUMBER IN THIS ATTACHMENT Regional Plan: Water for Otago Chapter 6: Water Quantity Objective 6.3.1 5 Objective 6.3.2 5 Policy 6.4.0A 5 Policy 6.4.0C 6 Policy 6.4.1 6 Policy 6.4.1A 7 Policy 6.4.2 9 Policy 6.4.2A 11 Policy 6.4.2AA 12 Policy 6.4.5 12 Policy 6.4.8 14 Policy 6.4.9 14 Policy 6.4.10 15 Policy 6.4.10A2 16 Policy 6.4.10A4 16 P

10. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

    ...manner in which it rejected the labels. K Ltd defends the claim on the grounds that the labels put both X Ltd and K Ltd at risk, that it exercised due care in the manner in which it rejected the labels and that its terms and conditions contain a clause precluding any claim against it for damages. 3. The issues to be resolved are: (a) Did K Ltd have grounds for rejecting the labels? (b) If so, did K Ltd act with reasonable care in the manner in which it rejected the label? (c) If not,...