Search Results

1. 03042025-Financial-Markets-Conduct-Amendment-Bill.pdf [pdf, 248 KB]

   ...proportion to the importance of the objectives, noting that the obligations apply only to participants in a regulated activity and that the 1 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 2 Clause 8, s 220. 3 Clause 18, s 421I. 4 Clause 56, s 28C. 5 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1. information that may be required is of limited expressive value. They also ensure alignment with existing powers of the Rese...

2. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ..."search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 9. New Part 5D, to be inserted by clause 11 of the Bill, contains powers of search and seizure that require scrutiny for compliance with section 21. Clause 11, new section 157ZH – Bank may require report relating to deposit taker 10. Clause 11, new section 157ZH provides that...

3. Te Paa - Ahipara A33 (2012) 47 Taitokerau MB 3 (47 TTK 3) [pdf, 112 KB]

   ...ahu whenua trust over the land. Aegean, Tui and Rawiri are among the eight trustees appointed. The trust order is a modified version of the then standard Taitokerau ahu whenua trust order. Two features of the trust order are relevant. First, clauses 3 and 4 set out the power to lease: 3 To make other special provisions for owners At their discretion to alienate by way of lease or licence to any beneficial owner at a reduced rent or otherwise upon terms more favourable to the...

4. [2017] NZEnvC 012 Envirofume v Bay of Plenty Regional Council [pdf, 7 MB]

   ..." BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: Decision No. [2017] NZEnvC 12 IN THE MATTER of the Resource Management Act 1991 AND of an appeal pursuant to s 120 of the Act BETWEEN ENVIROFUME LIMITED (ENV-2016-AKL-000055) Appellant I Applicant AND BAY OF PLENTY REGIONAL COUNCIL Respondent Environment Judge JA Smith Environment Commissioner SK Prime Environment Commissioner ACE Leijnen at Tauranga, 12-14 December 2016, including site visit HA Atk...

5. ZH v C Ltd [2024] NZDT 17 (10 February 2024) [pdf, 194 KB]

   ...picked up the car. Neither was it pointed out to her that the [petrol station] was not considered as being the depot. The terms and conditions signed by ZH was not the same as the terms stated above. 12. In the agreement signed by ZH the following clauses were stated; 3. The Hirer will, at or before the end of the Hire Period, either deliver the Vehicle to the place for return specified in the Term Sheet (or to such other place as agreed in writing with C Ltd) or obtain C Ltd’s...

6. AA v N Ltd [2023] NZDT 688 (22 December 2023) [pdf, 234 KB]

   ...serve notice of a claim for these matters on N LTD as per the requirements of section 10(2) and (3) of the sale and purchase agreement? 8. In N LTD’s submissions they contend that AA did not serve notice prior to settlement alleging a breach of clause 26, as required by section 10(2) and (3) of the sale and purchase agreement. 9. AA has provided evidence in the form of an email from his solicitor to N LTD’s solicitor dated 30 May 2023 which serves notice “in accordance with s...

7. Daly v Accident Compensation Corporation (weekly Compensation) [2022] NZACC 217 [pdf, 262 KB]

   ...compensation is assessed in accordance with the provisions of Part 2 of Schedule 1 of the 2001 Act. There are different calculations depending on the claimant’s employment status immediately prior to the commencement of their incapacity: (a) Clauses 33 and 34 apply to claimants who were employees in permanent employment. 7 (b) Clauses 35 and 36 apply to claimants who were employees not in permanent employment. (c) Clauses 37 and 38 apply to claimants who were self- employ...

8. NZBORA Advice COVID19 Public Health Response Extension of Act and Reduction of Powers Amendment Bill updated for publication.pdf [pdf, 232 KB]

   ...quarantine; e. reducing some enforcement powers and specifying the type of enforcement officers that may be authorised by the Director-General of Health; and f. reducing penalties for non-compliance with the principal Act or COVID-19 orders. 5. The Bill does not remove or change any of the existing prerequisites or safeguards surrounding the use of COVID-19 orders in the principal Act. 6. The amendments mean that many of the measures which COVID-19 orders have been used to implem...

9. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...agreed by Ngāti Mākino, and providing for participation in resource management and related decision-making affecting other areas with which Ngāti Mākino have a special association. Issues under sections 20 and 27(2) 3. The Bill provides in clause 11(4) that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial bodies from considering the settlement and historical claims, other than in respect of the interpretation a...

10. [2016] NZEmpC 100 Secretary for Education v NZ Educational Institute Te Riu Roa [pdf, 209 KB]

    ...Schmidt-McCleave and E Lay, counsel for the plaintiff P Cranney, counsel for the defendant Judgment: 18 August 2016 JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves a dispute as to the interpretation of particular clauses in a collective agreement which regulate a process known as “annualisation”. The issue is whether annualised pay should be paid over 27 fortnights rather than 26. [2] The Support Staff in Schools’ Collective Agreem...