Search Results

1. LCRO 43/2021 CAT Ltd v ZEN Lawyers Ltd (28 October 2021) [pdf, 217 KB]

   ...memorandum recorded Mr BV’s instructions to Ms PQ as follows: 1. Can you please look at this file under supervision of [MD]. As discussed with the client in the meeting, he is looking for some advice as to how to get around the double insurance clauses in the policies. 2. He pays for a premier corporate travel policy underwritten by [Company C], and you will see that this includes an “other insurance” clause but he also gets the free [Company E] Cardmember policy underwritten by...

2. BORA Electoral Amendment Bill [pdf, 373 KB]

   Electoral Amendment Bill 5 February 2009 Attorney-General Electoral Amendment Bill: Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/95 1. I have reviewed the Electoral Amendment Bill for consistency with the New Zealand Bill of Rights Act 1900. 2. The Bill amends the Electoral Act 1993 and repeals the Electoral Finance Act 2007 so as to provide an interim regime for electoral regulation pending a review of electoral finance. 3. In particular, the B

3. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...personal privacy, and the rationale of the search.9 The greater the degree of intrusiveness, the greater the need for justification and attendant safeguards. Oral fluid screening tests and taking of a sample constitutes a search and seizure 26. Clauses 16 to 18 of the Bill provide that an enforcement officer may require a person to undergo one or more oral fluid screening tests. As noted in paragraph 13, a second test is only required if the first test is positive, and each test can be...

4. [2024] NZEnvC 126 Smith v Central Otago District Council [pdf, 1.8 MB]

   ...conditions as set out in Appendix 1 and in accordance with the plan as set out in Appendix 2, both attached to and forming part of this order; and (2) the appeal is otherwise dismissed. 1 Resource Management Act 1991. 2 B: Under s285 RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by L & G Smith Family Trust against a decision of Central Otago Regional Council to decline an application for resource consent for a two...

5. [2018] NZEmpC 107 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 231 KB]

   ...paragraph referring to the agreement being in full and final settlement talks only of the Employment Relations Authority, and of further action in relation to enforcing the initial determination, so does not assist TKR Properties or detract from clause 7. [11] In the face of clause 7, I find that costs in the Court were not resolved by the settlement. Ms MacDonald is entitled to her costs [12] Clause 19 of sch 3 of the Employment Relations Act 2000 (the Act) gives the Court a br...

6. Kururangi - Wharekahika A47 (2006) 168 Gisborne MB 103 (168 GIS 103) [pdf, 419 KB]

   ...result in your renewal of lease being declined by the Trustees. It has also been brought to the attention of the Trustees that you have possibly entered into a sublease of the block withont the consent from the Trustees which is required in terms of Clause 3 of the Lease document. You must correct this breach of lease covenant by obtaining the written consent of all the Trustees in order to avoid further action including possible re entry of your lease. Your written response to this mat...

7. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2018] NZIACDT 4 Reference No: IACDT 035/17 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN S B Complainant AND Irene William Karam Atia Adviser THE NAME AND IDENTITY OF THE COMPLAINANT NOT TO BE PUBLISHED DECISION REPR

8. [2016] NZEmpC 62 Harlow v Western Property Management Ltd [pdf, 100 KB]

   ...What I will do is amend it. And I will just mention the amendments to be made to the freezing and ancillary orders which are already in the Court and once these amendments are made, Mr Turner can then submit an amended order for sealing.  In clause 5.2 of the order the bank account number 12-3039-0381369- 00 is to be deleted.  In clause 5.5 the word “defendant” is to be amended to read the word “respondents”.  In clause 9.1(b) the bank account number 12-3039-...

9. YT v ED Ltd [2016] NZDT 1444 (18 August 2016) [pdf, 185 KB]

   ...estimates were provided. 2. Mr T paid a preliminary deposit of $9,342.50, and a further preliminary deposit of $9,342.50 was to be payable “within three days of the Contractor notifying the Owner in writing that construction loan has been granted”. Clause 22 of the Agreement provided: “The Contractor shall refund all preliminary deposit to Principle and terminate the contract, if the Principle failure for construction loan from bank [sic].” 3. Before the contract was signed, ED...

10. LK v H Ltd [2022] NZDT 28 (1 March 2022) [pdf, 181 KB]

    ...essentially argues the parties’ contract was frustrated by the COVID-19 pandemic Government imposed lock down, because the swimming lessons for term 3 could not proceed. 9. I find that the parties’ contract did not contain a ‘force majeure’ clause, which is where the parties agree about what will happen in the event of unforeseen circumstances (such as the COVID-19 pandemic) preventing someone from fulfilling a contract. In the absence of such a clause, the frustration do...