Search Results

1. BORA-advice-Contracts-of-Insurance-Bill-PUBLISHED.pdf [pdf, 250 KB]

   ...Including in part 2, subpart 4, which addresses disclosure duties for non-consumer insurance contracts, part 2, subpart 6, which relates to insurers’ duties, part 4, subpart 2 which relates to the duties of brokers in relation to premiums, and schedule 3 clause 5 which relates to a third party claimant requesting information. 12. In addition, we consider that the requirements are highly specific to the fair and transparent transacting of insurance contracts and therefore limit the...

2. ENV-2016-AKL-000xxx Kuegler Family Trust & Others v Auckland Council [pdf, 2.4 MB]

   ...manner set out in Schedule 1” to the Resource Management Act 19914. Schedule 1 has been described as a code for this process 5 although important glosses have been added by case law as discussed below. A careful reading of the text of the relevant clauses in Schedule 1 shows how the submission and appeal process in relation to a proposed plan is confined in scope. Submissions must be on the proposed plan in support of or in opposition to particular provisions and cannot raise matters...

3. Puketapu - Lot 200 DP 15345 Lower Hutt (2017) 366 Aotea MB 10 (366 AOT 10) [pdf, 160 KB]

   ...is conducted in person at the AGM and subject to the approval of the whakapapa committee as to entitlement to vote. [18] The current form of the trust order appears at 338 Aotea Minute Book 172- 197, it is dated 29 May 2015. The trust order at clause 8(a)(ii) provides as follows: At general meetings any resolution that the meeting wishes to vote on shall be determined by a show of hands or by secret ballot of those present, or at the request of the trustees by postal voting. [19]...

4. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   CI0301_CIV_DCDT_Order (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 587 APPLICANT IE RESPONDENT X Ltd The Tribunal orders: The claim is dismissed. Reasons 1. IE has claimed that X Ltd failed to provide satisfactory advice to him about an Enduring Power of Attorney for his father (NE). In 2019, IE was ordered by the Family Court to refund approximately $137,000.00 of his father’s money to his father

5. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...[196]. 16 At [179]. See also Nikau v Nikau [2018] NZHC 1862 at [20]–[21]. 6 5400326_2 new sections 114A, 115 and 116 appear to be not inconsistent with the right to freedom from discrimination. Spousal or partner interests 27. Clauses 22 and 24 of the Bill insert new sections 108A and 109AA into the Act. New sections 108A and 109AA provide for the interests of a deceased owner’s spouse or partner in the case of a will or intestacy respectively. 28. Under the Act,...

6. [2012] NZEmpC 151 Transpacific v Harris & Ors [pdf, 55 KB]

   TRANSPACIFIC INDUSTRIES GROUP (NZ) LIMITED V KAINE HARRIS NZEmpC AK [2012] NZEmpC 151 [4 September 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 151 ARC 96/11 IN THE MATTER OF an application for special leave to remove proceedings BETWEEN TRANSPACIFIC INDUSTRIES GROUP (NZ) LIMITED Plaintiff AND KAINE HARRIS First Defendant AND SMART ENVIRONMENTAL LIMITED Second Defendant ARC 37/12 AND IN THE MATTER OF proceedings removed from

7. [2022] NZEnvC 219 Ports of Auckland Limited v Waikato District Council [pdf, 327 KB]

   ...Act 1991, the Environment Court, by consent, orders that: (1) the appeal is allowed subject to the clean version of amendments as set out in Appendix A to this order; and (2) the appeal is resolved in its entirety. 2 B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This appeal relates to the decision of Waikato District Council (WDC) on the Proposed Waikato District Plan (PDP) in relation to provisions...

8. [2023] NZEnvC 214 Powerco Ltd v New Plymouth District Council [pdf, 215 KB]

   ...KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 214 IN THE MATTER of an appeal against a proposed policy or plan under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN POWERCO LIMITED (ENV-2023-AKL-0000154) Appellant / Applicant AND NEW PLYMOUTH DISTRICT COUNCIL Respondent Court: Environment Judge MJL Dickey Hearing: On the papers Last case event: 20 September 2023 Date of Decision: 3 October 2023 Date of Issue: 3 October 2023...

9. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...companies, the agreement provided that it would “endure until either party defaults on any of the enclosed Terms & Conditions, and the party not in default has given the appropriate notification of Termination”. [38] Amplifying on the summary, clause 4 defined “Products” as: … those models manufactured by the Manufacturer as at the date of commencement. Any new products manufactured by the Manufacturer must first be accepted in both entity and price by both parties, pr...

10. Ngati Paoa Iwi Trust v Ngati Paoa Trust Board - Ngati Paoa (2018)173 Waikato Maniapoto MB 51 (173 WMN 51) [pdf, 408 KB]

    ...pursuant to s 30(1)(b) in 1995, naming the Ngāti Pāoa Whānau Trust as the appropriate representative for liaising on matters of resource 173 Waikato Maniapoto MB 53 management with local and district councils.1 This order contained a clause limiting its effect for the term to 31 March 1998 and it expired on that date. [6] In 2008, certain members of Ngāti Pāoa filed details with the Māori Land Court regarding the establishment of the Trust Board. They sought a fresh s...