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1. [2025] NZEmpC 92 Happy Belly Production Limited v Dawson [pdf, 187 KB]

   ...the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the agreement. This objective meaning is taken to be that which the parties intended. While the meaning of a clause in an agreement may appear clear, meaning is informed by context. A provisional conclusion as to meaning is to be cross-checked against the context provided by the agreement as a whole, and any relevant background. Relevant provisi...

2. W v D [2019] NZDT 1362 (29 November 2019) [pdf, 220 KB]

   ...sale and purchase agreement but Mr D provided a copy of the agreement, and as it is the sole document that creates a legal relationship between the two parties, its terms were considered. 6. The sale and purchase agreement contains the standard clauses in relation to a purchaser's acceptance of vendor's title (clause 5) and vendor's warranties (clause 6). This particular agreement also included a special clause (clause 18) pertaining to Due Diligence by the purchaser w...

3. Stewart v Manu Ariki Marae Reservation Trust - Manu Ariki Maori Reservation (2021) 436 Aotea MB 209 (436 AOT 209) [pdf, 501 KB]

   ...set of amendments were proposed by Jan Matuku. Those amendments were as follows; “Resolution One: Marae Beneficiaries resolve to approve the following amendments to the draft marae charter as circulated by the Māori Land Court. 1. To amend clause 8 (as set out and underlined below) to provide: 1.1 The total number of trustees to be set at seven (7) trustees and to dispense with appointments of the five (5) advisory trustees. 1.2 To maintain the number of trustees representi...

4. Yerbury-Wilson v Standing [2012] NZIACDT 51 (30 August 2012) [pdf, 137 KB]

   ...permanent residence, when in fact that was far from the true position. The issue is discussed further in relation to this particular finding. Request for further information from Mr Standing [31] The Licensed Immigration Advisers Code of Conduct (clause 3) requires Mr Standing to maintain complete client records for seven years, and confirm in writing the details of material discussions with clients. Accordingly, he should be in a position to present a fully documented record of the p...

5. A Trustees v IAG New Zealand Ltd [2022] CEIT-2019-0078 [pdf, 216 KB]

   ...respondent, QBE, seeks a determination of a question of law. [2] The question is: Does the Tribunal have jurisdiction under s 45(1) of the Canterbury Earthquakes Insurance Tribunal Act 2019 to determine issues as to costs between IAG and QBE under clauses 17.1 and 17.2 of the 2012 Rebuild Solution Management Agreement between IAG New Zealand, Hawkins Management Limited and Hawkins Group Limited? 3 [3] IAG, as the first respondent and as the assignee of certain rights of the...

6. C v The Real Estate Agents Authority (CAC 414) & Complainant A [2018] NZREADT 20 [pdf, 274 KB]

   ...an email to the licensee dated 19th September 2016 the complainant asked the licensee to clear her old dog with the body corp. 3.3 The Committee agreed that the licensee was then obligated to assist the licensee with a suitable conditional clause in her tender document concerning the pet’s approval. The licensee supplied the Body Corporate rules and copies of answers to the questions asked of the Body Corporate, but the statement by the Body Corporate Chairman that he could...

7. [2019] NZEnvC 111 Tussock Rise Limited v Queenstown Lakes District Council [pdf, 8.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 111 of the Resource Management Act 1991 of an appeal pursuant to clause 14( 1) of the First Schedule of the Act TUSSOCK RISE LIMITED (ENV-2018-CHC-121) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson ( sitting alone under section 279( 1) of the Act) Hearing: at Queenstown on 20 December 2018 (Final s...

8. BORA Building Bill - Follow up [pdf, 75 KB]

   ...of Rights Act as the accused is required to prove something in order to escape liability.[1] 5. By virtue of section 340 (strict liability and defences), most of the offences contained in the Bill are strict liability offences. For example: • Clause 128 (Buildings not to be constructed, altered, or demolished without consent) - liable to a fine not exceeding $100,000 (continuing offence at $10,000 per day). • Clause 186 (Requirement for compliance schedule) - liable to a fine no...

9. [2008] NZEmpC AC 48/08 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 49 KB]

   ...2005 and to expire on 2 July 2007. It was common ground between the parties that the factual position was that3: At their last negotiation round the parties could not agree how the 2007 amendments would impact on the CEA and agreed to leave the clause as it was and seek a determination from the Authority. It is safe to say that the wording of clause 21 of the CEA was agreed between the parties prior to the passing of the 2007 amendments which will see all employees in New Zealand r...

10. BORA Ngāti Tamaoho Claims Settlement Bill [pdf, 248 KB]

    ...3911150_Ngati Tamaoho Claims Settlement Bill - BORA advice.docx Accordingly, excluding others from the entitlements conferred by the Bill is not differential treatment for the purposes of s 19. Sections 20 and 27(2) of the Bill of Rights Act: privative clauses 4. The effect of cll 15 and 16 is that the settlement of historical claims is final and excludes the jurisdiction of any court, tribunal or other judicial body to consider the settlement and historical claims, other than in resp...