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1. BORA Climate Change Response (Emissions Trading) Amendment Bill [pdf, 313 KB]

   ...carbon dioxide equivalent of human-induced greenhouse gases; • report to the Conference of Parties under Article 7 of the Protocol and Article 12 of the Convention; and • create a greenhouse gas emissions trading scheme in New Zealand. 4. Clause 40 of the Bill inserts new Parts 4 and 5 into the Act. The provisions of the Bill that are relevant to this advice are all in clause 40 so this advice refers to new sections of the Act rather than the relevant clauses of the Bill. POSS...

2. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ...for Far North District Council and Whangarei District Council appearance excused on basis issues resolved 1 1 FEB 2022 1 1 FEB 2022 DECISION OF THE ENVIRONMENT COURT We conclude: A: The minimum area for natural wetlands to be fenced will be 500 m 2 rather than 2,000 m 2 as currently in the plan for the reasons we have set out. We attach hereto as "D" the suggested wording which we adopt in this regard as supported by the Northland Regional Council and Federated Farmer...

3. Roest v Cottle Designer Homes Ltd (in liq) [2010] NZWHT Auckland 1 [pdf, 134 KB]

   ...residential properties comply with the Building Code which was part of the regulations enacted by the Building Act. The Building Code set functional and performance requirements for all building work. For the purposes of this claim the relevant clauses of the Building Code are clauses B2 (durability) and E2 (external moisture). Page | 4 THE PARTIES [5] Grant Malone, the sixth respondent, was the builder. At the time of construction Mrs Cottle was one of two...

4. BORA Aviation Security Legislation Bill [pdf, 272 KB]

   ...advice, which concerns Part 1, has been provided by Crown Law as that Part amends the Aviation Crimes Act 1972, which is administered by the Ministry of Justice. 2. I conclude that Part 1 of the Bill is consistent with the Bill of Rights Act. 3. Clause 5(3) of the Bill establishes an indictable offence in respect of taking potentially harmful articles into sterile and secure aviation areas "without lawful authority or reasonable excuse". However, as the effect of such an offen...

5. LCRO 150/2017 UG v WN [pdf, 275 KB]

   ...8), and not to use information for the benefit of either the second purchaser, or Ms UG (r 8.7). [49] The first requisition letter received from the first purchaser’s lawyer stated: We are instructed to requisition the land title pursuant to Clause 5.2 (1) requiring the removal of the following interests: 1. Saving and excepting all minerals within the meaning of Land Act 1924 on or under the land and reserving always to Her Majesty the Queen and all persons lawfully entitled to wo...

6. BORA Crimes of Torture Amendment Bill [pdf, 276 KB]

   ...Justice to designate a national body ("the Central National Preventive Mechanism") to co-ordinate the activities of the NPMs and to maintain effective liaison with the Subcommittee (cls 32 & 33). Potential Unreasonable Search Issue 3. Clause 19 of the Bill states that: "Subcommittee's access to places of detention and persons detained Every person must permit the Subcommittee to have unrestricted access to - (a) Any place of detention in New Zealand and to ev...

7. Federated Farmers of New Zealand.pdf [pdf, 310 KB]

   ...A N D WAIKATO REGIONAL COUNCIL Respondent NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 29 September 2020 169 London Street PO Box 447 Hamilton Telephone: 07 858 0815 Email: ljeffries@fedfarm.org.nz Solicitor acting: Nikki Edwards / Laura Jeffries To: The Registrar Environment Court Auckland Federated Farmers of New Zealand Inc (“Federated Farmers”) wishes to be a party to the followi

8. Proactive Release - Minute of decision for arbitrating commercial leases disputes [pdf, 607 KB]

   ...this time; 2 noted that businesses are at a greater risk of insolvency when they cannot come to a reasonable agreement about a temporary change to their lease; Proposed changes 3 agreed that the Property Law Act 2007 be amended to: 3.1 imply a clause into leases of businesses that meet eligibility criteria that requires that a fair proportion of rent and outgoings cease to be paid when a tenant’s business has suffered a material loss of revenue because of the restrictions put in p...

9. McNie v CAC2004 & Proude [2013] NZREADT 49 [pdf, 62 KB]

   ...possess such jurisdiction, the 18 August 2011 settlement agreement does not prevent the appellant from exercising his statutory right to complain to the Authority or appeal to us about the second respondent’s conduct as a licensee; and [c] Even if clause 4 of the settlement agreement does prevent the appellant from complaining to the Authority or appealing to us, that clause is illegal and therefore unenforceable. [16] Counsel for the appellant then provided well researched and th...

10. Kaufusi v Tangilanu [2014] NZIACDT 105 (01 October 2014) [pdf, 188 KB]

    ...perform; and [2.2.3] Communicate sufficiently with her client during the process. [3] The Tribunal upheld the complaint on the grounds of negligence (section 44(2)(a) of the Act), lack of care, diligence, and professionalism in performing services (clause 1.1(a) of the Code of Conduct), breach of duties relating to written agreements (clause 1.5(a), (b) and (d)), breach of duties relating to fees (clause 8(b), (c) and (e)), and breach of duties in relation to business management (clause...