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Search results for clause 5.

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  1. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

    ...CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 411 APPLICANT CW APPLICANT NK RESPONDENT TX The Tribunal orders: TX is to pay CW and NK $573.30 on or before Friday 28 July 2023. Reasons: 1. In July 2022, CW and NK completed settlement of their purchase of property at [Address] from TX. On taking possession of the property, CW and NK received a key and a remo...

  2. Fish & Game Updated Supplementary B Farrell Planning 24 March 2021 [pdf, 583 KB]

    ...consequence of a submission-based recommended amendment so that the overall integrity of the plan change is maintained and/or to ensure the language and grammar is correct. Where “minor amendment” is noted, the amendment is made pursuant to Clause 16 of the First Schedule to the Resource Management Act 1991 to improve the clarity of expression or the consistency of language used but where the substance of the provision is not altered. Introduction The Ota...

  3. XU v NP & Ors [2023] NZDT 547 (3 October 2023) [pdf, 158 KB]

    ...February 2006, and installed in the old barn at [the property] which was at the time being used by NP as part of his horse training operation. 7. DH Ltd’s Invoice to NP for $2,250.00 for the supply of the gates was not paid. It contained a clause “the goods remain the property of DH Ltd and title shall not pass until full payment is made” (the Romalpa clause”). The gates were not paid for. CI0301_CIV_DCDT_Order Page 2 of 5 8. NP used the barn in which the gates we...

  4. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

    ...the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act", each of these is justifiable in terms of section 5 of that Act. 2. I note, in this respect, that the minimum age restriction on the sale of paint spraycans contained in clause 5 of the Bill is similar to a restriction contained in a local Bill, the Manukau City Council (Control of Graffiti) Bill. I note further that that restriction was, along with several other provisions of that Bill, drawn to the attention of...

  5. SC & TO Partnership v QS & TS & JT Ltd [2022] NZDT 84 (24 May 2022) [pdf, 256 KB]

    ...applicants”) entered into an agreement for sale and purchase of a property with QS, TS and QT and JT Ltd (“the respondents”). The property was situated at [street], [town]. 2. Various chattels were included in the agreement for sale and purchase. A clause was inserted into the further terms of sale of the agreement for sale and purchase detailing the chattels included in the sale and acknowledging that some of these items would be coming from another property and would be swapp...

  6. Rakatau - Paenoa Te Akau Balance (2023) 291 Waiariki MB 162 (291 WAR 162) [pdf, 222 KB]

    ...Ms Spain is no longer a trustee for the Ahu Whenua Trust. Te kēhi mō Nick Duff The case for Nick Duff [8] Both applications seek that Mr Duff be removed given he was declared bankrupt and therefore should have been removed pursuant to clause 4.11 of the trust order for the Ahu Whenua Trust. [9] The trust order for the Ahu Whenua Trust states: Removal and Cessation of Office of Trustee 4.10 The Court, for sufficient cause, may at any time remove a Trustee from offi...

  7. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

    ...considered potential issues of inconsistency with sections 17, and 21 of the Bill of Rights Act and assessed whether or not these issues are justifiable under section 5 (Justified limitations) of that Act. To that end we examined whether the relevant clauses serve an important and significant objective, and whether there is a rational and proportionate connection between these clauses and that objective.[1] 3. We have reached the conclusion that the Bill appears to be consistent with the...

  8. EU v O Ltd [2023] NZDT 308 (8 August 2023) [pdf, 131 KB]

    ...termination rights of either party was intended to last until 14 October 2021. EU was required to work an average 25 hours per week comprising 15 hours of training time and 10 hours of club administration time and provide the specified services set out in clause 4 of the contract. These revolved around coaching [swimming] and developing new programmes and assisting with promotion of the sport in the [region]. In return, O Ltd agreed to pay $721.50 per week for each week of the contract ter...

  9. Mohammadalibeigy v Yap [2015] NZIACDT 7 (13 February 2015) [pdf, 88 KB]

    ...NZ$787. Mr Yap did not refund the excess disbursement. [7] The Registrar identified the potential infringements of professional standards. 3 Negligence pursuant to section 44(2)(a) of the Act, and unlicensed staff operating in breach of clauses 1.1(a), (b) and 2.1(b) and 3 of the Code. [7.1] Negligence is alleged in that Mr Yap accepted instructions from the complainant without first providing her with appropriate advice regarding her prospects of successfully migrating to...

  10. [2016] NZEmpC 74 Tairawhiti District Health Board v NZ Nurses Organisation Inc [pdf, 275 KB]

    TAIRAWHITI DISTRICT HEALTH BOARD v NEW ZEALAND NURSES ORGANISATION INC NZEmpC AUCKLAND [2016] NZEmpC 74 [14 June 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 74 EMPC 296/2015 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TAIRAWHITI DISTRICT HEALTH BOARD Plaintiff AND NEW ZEALAND NURSES ORGANISATION INC First Defendant AND LISA MARSHALL Second Defendant Hearing: