Search Results

1. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...the deed of settlement and the adequacy of the benefits provided to the Ngati Awa people under the Deed or the Bill (clause 15(3)). The jurisdiction of the Waitangi Tribunal is specifically excluded (clause 16). Section 27(2) BORA issue 4. The clauses in the Bill ousting the jurisdiction of courts and the Tribunal (clauses 15 and 16) raise an issue about compliance with s 27(2) of the Bill of Rights (the right to seek judicial review). 5. While clause 15 does limit the ability to br...

2. Vailea v Hakaoro [2016] NZIACDT 8 (02 February 2016) [pdf, 127 KB]

   ...for the same facts to amount to a breach of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). For reasons discussed below, I find the primary ground made out, and do not need to consider the 2010 Code further in that respect. Clause 8 of the 2010 Code - fees [6.4] That Mr Hakaoro breached clause 8 of the 2010 Code, as it requires setting fair and reasonable fees, and setting out the amount, terms and conditions, doing so before commencing work incurring fees, and...

3. Brown v Christchurch City Council [pdf, 19 KB]

   ...her to wait for the final hearing would not be appropriate. The Tribunal considered there was no contractual relationship between Ms Frankland and the claimants, and therefore she did not personally enter into any warranty. The vendor warranty clause is located at clause 6.2 of the standard agreement. The Council referred to Ford v Ryan where the High Court found that clause 6.2(5)(c) had been breached as no Code Compliance Certificate was issued. In the present claim however, the...

4. Brown v Christchurch City Council [pdf, 38 KB]

   ...sustained against it on this ground. 5 Claim in Contract 10. Counsel for the fourth respondent said she accepted there was a prima facie case (terminology usually confined to criminal law) of breach of warranty under clause 6.2(5). The Tribunal does not accept that this concession reflects the legal position. 11. The Sale and Purchase Agreement was on the form approved by the Real Estate Institute in New Zealand and by the Auckland District Law...

5. [2019] NZEmpC 126 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 341 KB]

   ...parties meant. But the wider context may point to some interpretation other than the most obvious one and may also assist in determining the meaning intended in cases of ambiguity or uncertainty. The collective agreement includes several relevant clauses [5] The Collective Agreement 2017-2020 includes clauses of general application and a section that specifically applies to delivery agents engaged under NZ Post’s Delivery Agent Pay Model (Section O(III)). The collective agree...

6. BORA Employment Relations Amendment Bill [pdf, 269 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 with the latest version of the Bill (PCO 20778/10.5). We will provide you with further advice if the final version of the Bill 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...

7. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...which ensure the maintenance of credible quota management systems in the New Zealand meat industry. Section 21: the right to be secure from unreasonable search and seizure 7. The Bill establishes two regulatory regimes. An auditing regime under clauses 40- 46 and an inspection regime under clauses 59-63. These clauses confer on auditors and 'authorised persons' powers of search and seizure. Section 21 of the Bill of Rights Act provides the right to be secure against unreasonab...

8. [2023] NZEnvC 259 Dromgool v Minister for Land Information [pdf, 493 KB]

   Dromgool v Minister for Land Information IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Decision No. [2023] NZEnvC 259 IN THE MATTER OF appeals under ss 23 and 24 of the Public Works Act 1981 BETWEEN S & D DROMGOOL (ENV-2017-AKL-101) AD & J POULTON (ENV-2017-AKL-102) NEWMAN FARMS LIMITED (ENV-2017-AKL-103) Objectors AND MINISTER FOR LAND INFORMATION Respondent Court: Judge J A Smith s

9. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...acting as the overseer and backstop: Issues of Inconsistency with the Bill of Rights Act Section 14: The right to freedom of expression 8. The Bill contains a number of provisions that limit the right to freedom of expression. For instance, clause 9 prohibits a person from sending unsolicited commercial electronic messages that have a New Zealand link, or causing such messages to be sent. Similarly, clause 10 prohibits a person from sending promotional electronic messages that have...

10. BORA Human Tissue (Organ Donation) Amendment Bill [pdf, 213 KB]

    ...status restrictions the Bill places on registering as an organ donor or indicating a request to donate organs infringes the right to freedom from discrimination affirmed in section 19(1) of the Bill of Rights Act. Although it can be argued that these clauses have a significant and important objective (ensuring informed consent is given to becoming a donor), we do not consider that the restrictions on the right can be described as rationally connected to the objective. 30. According...