Search Results

1. OIA-102423.pdf [pdf, 2.2 MB]

   ...Tel: +64 4 499 2050 Fax: +64 4 499 2053 www.ipca.govt.nz 1. Recent events have brought into sharp focus a significant gap in the Independent Police Conduct Authority Act 1988 (IPCA Act); that is, the absence of an explicit, unambiguous privative clause statutorily ousting the right to challenge actions and decisions of the Authority by way of judicial review. 2. The recent High Court judgment of Gault Jin Deliu v The Independent Police Conduct Authority1, dismissing the Authority...

2. LCRO 38/2024 & 39/2024 SM v CV and CV v SM (13 August 2025) [pdf, 275 KB]

   ...constructed on land to be subdivided. [4] Mr CV made comments on the proposed Agreement for Sale and Purchase (the Agreement). The Agreement was signed by both vendor and purchaser and dated 25 August 2020. [5] The Agreement included the following clause:1 (The Agreement was conditional on other matters but it is this condition which is relevant to the events which unfolded.) This Agreement is conditional upon: (a) the deposit of the land transfer plan in the Land Titles Office...

3. Pirika v Eru - Te Ngae Farm Trust [2013] Māori Appellate Court MB 127 (2013 APPEAL 127) [pdf, 151 KB]

   ...Introduction [1] Te Ngae Farm Trust was established in 1994 as a whenua topu trust to convey approximately 148 hectares of land to Ngāti Rangiteaorere in partial settlement of its historical Treaty of Waitangi claims against the Crown. [2] Clause 2 of the trust order provides: The beneficiaries of the Te Ngae Farm Trust are hereby declared to be the members of the Ngati Rangiteaorere hapu of Te Arawa iwi, such members being all the descendents of Rangiteaorere. [3] On 23 Augus...

4. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...leader role was significantly enhanced in a number of areas and had clear managerial functions including budgetary and strategic roles and the ability to hire and fire. It is common ground that the new position was not covered by the CA because clause 2.4.1 provides that the CA does not apply to managers who are responsible for the employment and dismissal of workers. [11] Ms van Heerden very much wished to be directly appointed into the role, and the DWU on her behalf contended t...

5. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...with the adviser. [8.2] The outcome of the application was foreseeable; the adviser gave advice that was wrong and that wrong advice was the foundation for her instructions. [8.3] The adviser did not confirm her advice in writing in accordance with Clause 3(f) of the Code of Conduct (she had not produced evidence of doing so). [8.4] The complainants requested that the fees they had paid be refunded. The adviser has not refunded the fees being $1,800 paid initially, and a further $350 p...

6. [2011] NZEmpC 32 New Zealand Meat Workers Union of Aotearoa Inc v AFFCO NZ Ltd [pdf, 139 KB]

   ...was an important preliminary issue to be resolved and that related to the correct interpretation and application of a particular provision in the collective agreement, i.e. cl 30 which was referred to throughout the hearing as the “seniority clause”. The union requested the Authority to remove this preliminary matter to the Court for determination pursuant to s 178 of the Act. AFFCO did not oppose the application. For its part, the Authority accepted that the interpretation of...

7. [2025] NZSSA 05 (3 February 2025) [pdf, 149 KB]

   ...payments of $5,678, comprising the initial $5,100 through [the Appellant’s husband] and a subsequent $578 through XXXX. Having established these facts, we must determine whether the Re-establishment Grant 1 Special Needs Grant Programme, clauses 3.1 and 9.2. 5 provisions contemplate such payments being made on a per person or per family basis. 21. After careful consideration of the Re-establishment Grant provisions and their practical application, we find the g...

8. BORA Railways Bill [pdf, 34 KB]

   ...the management of the railway corridor; and • consolidate legislation relating to railways. ISSUE OF CONSISTENCY WITH THE BILL OF RIGHTS ACT Section 21 of the Bill of Rights Act: Right to be secure against unreasonable search and seizure Clause 46 (Powers of safety assessors to obtain information, etc) Clause 47 (Powers of entry of safety assessors) 4. Clause 46 sets out the powers of safety assessors to obtain certain information for the purposes of carrying out a safety asse...

9. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...5. Given this evidence, I find there is insufficient evidence to prove that V LTD was misleading or deceptive in its conduct about the truck with K prior to the sale. Page 2 of 6 Does the contract contain an exclusion or limitation clause? 6. The parties signed a Vehicle Offer and Sale Agreement dated 26 April 2022, with V LTD as the seller and KQ Ltd trading as KE Ltd, listed as the purchaser, for the purchase of the truck. KQ Ltd changed its name to KC in September 202...

10. V Nair v Devi [2014] NZIACDT 31 (17 March 2014) [pdf, 214 KB]

    ...made out, the interim decision noted the Tribunal could potentially determine: [9.1] The adviser failed to confirm in writing when she lodged the application, did not provide timely updates, or confirm in writing the details of material discussions (Clause 3 of the Code of Conduct). [9.2] The adviser failed to carry out her instructions to file an application for a residence visa and did so through lack of care, diligence and professionalism (Clause 1 of the Code of Conduct); and/or di...