Search Results

1. Supplementary Government Response to Law Commissions report [pdf, 479 KB]

   ...The Government has considered the Law Commission’s report Review of the Privacy Act 1993 (NZLC 123) tabled in the House of Representatives on 2 August 2011 (the report). On 27 March 2012 the Government tabled its initial response which addressed 51 recommendations, and deferred the majority of the remaining recommendations for further analysis. This supplementary response responds to the remainder of the recommendations of the report. The Government responds to the report in accorda...

2. [2024] NZSAAA 1 (20 September 2024) [pdf, 771 KB]

   ...paid part-time employment throughout the relevant period and in December 2022 received a backdated compensation payment from 2 the Accident Compensation Corporation (ACC), for the period between 26 November 1996 and 22 February 2015. [3] The Ministry of Social Development (the Ministry) considers that the Appellant was not entitled to receive the Student Allowance during the relevant period due to undeclared personal income that exceeded the allowable income limit in...

3. Mansfield v Pomana – Matahiwi 1A and 2 other blocks (2013) 22 Takitimu MB 123 (22 TKT 123) [pdf, 147 KB]

   ...standard duties of trustees as well as broader considerations relevant to the Court. Such an approach has been approved in several key judgments of the Mäori Appellate Court.5 Should the trustees be removed? Failure to audit accounts [21] At clause 7 (c)(i) the trust order specifically provides that the accounts must be audited once income exceeded $10,000. It appears that the trust’s income has been in excess of $10,000 since 2001 when the current trustees were appointed....

4. EI v SB & HS [2015] NZDT 1437 (28 October 2015) [pdf, 300 KB]

   ...sent to EI a confidentiality agreement and the terms and conditions for the tender. 4. QU, on behalf of EI, signed the confidentiality agreement on 8 December 2014. The other party to the agreement was EN. The agreement included the following clauses: “7. Warranty: This agreement creates no obligation on the Seller to give any particular information to the Other Party. 8. The Seller gives no warranties about the accuracy or completeness of the Confidential Information.”...

5. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...36. However, I do not allow the charge of $200 for transport on Day 2. All additional charges should be identified. 37. Re-scheduling fee $250 – D Ltd said reschedule fees are payable based on their terms and conditions. LE pointed to the clause which reads – In the event the Client wishes to reschedule the wedding date for any reason, D Ltd will endeavour to accommodate this request. If D Ltd is able to meet this request and provide services on the new date all monies includi...

6. Brown v TPL 4 Limited - Motatau 1B5B5 (2017) 158 Taitokerau MB 88 (158 TTK 88) [pdf, 208 KB]

   ...parent company of the lessee, TPL 2 Limited, were transferred to Taumata Plantations Limited. It is accepted that there was effectively a “change of control” in the lessee through the sale of its shares. The alienation application [7] Clause 6 of the lease states: 6. THAT the Lessees shall not at any time during the term hereof assign sublet or part with possession of the said land or any part thereof save and to the extent that the same may be necessary in carrying out the...

7. NH & RL v A Ltd [2024] NZDT 873 (15 November 2024) [pdf, 174 KB]

   ...RL’s solicitor advised A Ltd’s solicitors, in writing, that they considered that the contract was at an end and therefore cancelled. (i) Communications then transpired between the respective solicitors and reference was made to a “sunset clause”. (j) A $65,000.00 deposit was repaid to NH and RL sometime after 31 August 2023 on the basis that both parties had accepted that the contract was at an end and therefore cancelled. 6. During the hearing on 8 November 2024 the...

8. Katu v Peni - Tiroa E and Te Hape B (2015) 105 Waikato Maniapoto MB 157 (105 WMN 157) [pdf, 405 KB]

   ...says that this was subsequently agreed to at an annual general meeting held in December 2014, however it is yet to be established. [62] Mr Peni also submits that the trustees are proving incapable of making a decision and are acting in breach of clause B of the trust orders and clause 2.4 of the conflict of interest policy. Further Mr Peni says that the trusts are required to give each Rereahu marae a grant of $33,000 equally and to that extent, the charitable trust should have bee...

9. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...restrictions (s 19(1) BORA) 2. First, there were two provisions that raised issues of potential age discrimination. Clause 21(b) prohibits persons under the age of 18 years from holding certificates or licences as pawnbrokers, secondhand dealers or agents. Clauses 56(1) and 57(1)(f) prevent pawnbrokers from accepting pledges from persons under that age. 3. These age restrictions are prima facie inconsistent with the freedom from discrimination on the grounds of age affirmed by s 19 BOR...

10. BORA Education Amendment Bill [pdf, 195 KB]

    ...requirements. Section 319B of the principal Act enables an authorised person without a warrant to inspect an early childhood centre, to audit the centre, or assess legal compliance. An authorised person can copy and remove relevant documents. 9. Clause 17 of the Bill amends the principal Act to extend these same entry and inspection powers to offices associated with an early childhood education centre. This is because relevant documents may be held at the head or regional offices of ear...