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1. [2023] NZEmpC 234 New Zealand Air Line Pilots’ Assoc IUOW Inc v Tasman Cargo Airlines Pty Ltd [pdf, 307 KB]

   ...agreement precluded the pay rise that applied from April 2019. Ms Dunn relied on a complete agreement clause at paragraph 1.5.1 of the collective agreement to assist Tasman Cargo’s position and to exclude Mr Farmer’s claim. Complete agreement clauses are enforceable.5 Mr McCabe did not object to this submission being made and, consequently, for completeness it is assessed. The clause reads: 1.5 SAVINGS/COMPLETE AGREEMENT 1.5.1 This Agreement, including the attached Appe...

2. Cannabis Legalisation and Control Bill Exposure Draft for Referendum [pdf, 2.2 MB]

   ...provisions The Bill establishes a framework of offences and penalties to support provisions and restrictions in the licensed and unlicensed spheres, incorporating the use of fees, court-imposed fines and, in the most serious cases, terms of imprisonment. Clause by clause analysis Clause 1 is the Title clause. Clause 2 is the commencement clause. Part 1 Preliminary provisions Clause 3 provides an outline of the Bill. Clause 4 sets out the purpose of the Bill. Clause 5 indicates how the Bill r...

3. LCRO 175/2020 PM obo MNO Limited v FS and BL (22 April 2021) [pdf, 221 KB]

   ...Deed of Lease was preceded by the parties entering into an Agreement to Lease. It is common in commercial leases for parties to do so. In simple terms, an Agreement to Lease anticipates that the parties will execute a more formal Deed of Lease. Clause 4.1 of the Agreement to Lease provides that "the tenant shall enter into a formal lease with the landlord … using the sixth edition of the Auckland District Law Society Inc Deed of Lease form." Clause 4.3 provides that if a De...

4. Māori Trustee v Lidgard - Kapenga H (2014) 97 Waiariki MB 282 (97 WAR 282) [pdf, 142 KB]

   ...if the parties wished me to give my decision without reasons because the lease was rapidly expiring and it was important for them to know where they stood. They agreed. I gave judgment for the applicant on the basis that there was a specific clause in the lease with the effect that the milking plant was to remain and be the property of the landlord, or in the alternative, the plant was a fixture upon the land and therefore part of it. 97 Waiariki MB 284 The milking pla...

5. Wikatene - Tauranga Taupo 1B 2B No 2 (2017) 376 Aotea MB 81 (376 AOT 81) [pdf, 290 KB]

   ...trust operates a vehicle without a warrant or registration. Mr Wikatene, overall, seeks a greater level of transparency and better reporting from the trustees. [12] At the trustee hui Mr Wikatene further alleged that the trustees had breached clause four of the trust order which requires that they report to the beneficial owners at two yearly intervals. Mr Wikatene holds the belief that the trust has been invalid since the Special General Meeting held on 2 May 2015. Freda Cook...

6. South Waikato District Council.pdf [pdf, 255 KB]

   ...Appellant AND WAIKATO REGIONAL COUNCIL Respondent NOTICE BY SOUTH WAIKATO DISTRICT COUNCIL TO BECOME A PARTY TO PROCEEDINGS UNDER SECTION 274 OF THE ACT Dated 28 September 2020 Westpac House 430 Victoria Street PO Box 258 DX GP 20031 Hamilton 3240 New Zealand Ph: (07) 839 4771 Fax: (07) 839 4913 tompkinswake.co.nz Solicitor: Marianne Mackintosh marianne.mackintosh@tompkinswake.co.nz - 1 - TO: The Registrar Environment Court

7. Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Bill [pdf, 126 KB]

   ...appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 21 (unreasonable search and seizure) and s 25(c) the presumption of innocence. Our analysis is set out below. The Bill 5. The Bill amends the Building Act 2004 (‘the principal Act’) in order to address the challenges faced by the building sector such as low productivity, inefficient...

8. [2024] NZEnvC 207 Boyes v Selwyn District Council [pdf, 349 KB]

   ...TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 207 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN MURRAY BOYES AND KERSEY PARK LIMITED (ENV-2023-CHC-115) Appellant AND SELWYN DISTRICT COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 28 August 2024 ________________________________________________...

9. GD & WL v RA LCRO 290/2013 (19 August 2014) [pdf, 146 KB]

   ...confirmed officially to TC [16] Mrs RA then provided Ms DH with a handwritten note on the firm’s letterhead which said:-“This contract is now confirmed. The deposit has been paid to our trust account and will be held for GD and WL as per clause 19 of the Agreement”. [17] In early November Ms DH indicated that matters were progressing and this was communicated to Mr GD and Ms WL. In a note made by Mrs RA of a telephone 4 conversation with Mr GD on 3 November she recor...

10. BORA Land Transport Management (Regional Fuel Tax) Amendment Bill [pdf, 189 KB]

    ...Section 21 – Unreasonable search and seizure 7. Section 21 of the Bill of Rights Act provides that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise. 8. Clause 5, new s 65ZB, of the Bill provides for an enforcement officer to apply for a search warrant in respect of suspected offences under new s 65ZC. As the provision provides that the application for, and execution of, the warrant is pursuant t...