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...Introduction [1] The Lease [15] The Proceedings Applicants’ Pleadings [16] Defendants’ Pleadings [20] Third Parties’ Pleadings [21] The Hearing [25] First Cause of Action: Breach of Contract – Clause 10 of the Lease – s 18(1)(d) of TTWMA [27] Second Cause of Action: Breach of Contract – Clause 8 of the Lease – s 18(1)(d) of TTWMA [50] Informal v Formal Lease? [55] Implied Term in the Form...
...Otago. Proposed Plan Change 7 (Water Permits) is intended to provide an interim regulatory framework for the assessment of applications to renew: • deemed permits expiring in 2021 • any other water permits expiring prior to 31 December 2025, the date by which the new Regional Land and Water Plan (LWRP) is expected to be operative. The Plan Change also establishes a requirement for short duration consents for all new water permits granted under the operative Water Plan ru...
...circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purposes of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 1 Clause 13 defines Ngāti Hinerangi; clause 14 defines the historical claims. 5192796_1 4. Clause 109 reserves a special right of access to land on which a protected site is situated. This right of access applies to Maori for who...
...at 5 July 2021; if permanent, was he illegally locked out? (b) Alternatively, if on a fixed-term IEA, was Mr Stewart illegally locked out? Issue one: terms and conditions as at 5 July 2021 [73] The last signed IEA was that of 2018/2019. Clause 2.4 stated: NATURE AND TERM OF AGREEMENT This agreement shall come into effect from the [9th of July 2018] and shall remain in force until terminated due to the particular seasonal reductions of the season that you have been emplo...
...refund the fee she received, or otherwise take steps to protect her interests. [7] The Registrar identified potential infringement of professional standards during the course of Ms Tangilanu’s engagement. Namely: [7.1] That Ms Tangilanu breached clause 1.1(c) and 3(b) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) as she did not take reasonable steps to ensure her client’s interests were represented when she could not continue as a representative; and did...
...inconsistent with section 19(1) we consider whether: a) the provision draws a distinction on one of the prohibited grounds in section 21 of the Human Rights Act; and b) that distinction gives rise to disadvantage of a particular group. 5. Clause 8(3) of the Bill requires the Minister to appoint at least one member to the Commission who has knowledge of Tikanga Māori. This provision appears to draw a distinction indirectly on the basis of race because a person of Māori descent i...
...agency to a purchaser/tenant introduced to the Property or to the party by the Agent whether directly or indirectly and/or was made through the instrumentality of the Agent; in both cases whether before or during the term of this agency….” 5. The parties are agreed that in January 2022 BC presented NQ with a signed offer to lease part of the property from BU. This offer was not accepted by NQ. Some months later however NQ entered into a lease of the same part of the premises wit...
...regulatory regime. We have concluded that they are each consistent with the right to be secure against unreasonable search and seizure in section 21 of the Bill of Rights Act. Section 25(c): the right to be presumed innocent until proved guilty 7. Clause 21 of the Bill seeks to make refusal or failure without reasonable excuse to comply with specific requests for information an offence under section 103(1)(a) of the Act. Clause 21 gives rise to an issue of inconsistency with section 25(...
HANSELLS (NZ) LTD V MA AK AC 53/07 14 September 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 53/07 ARC 21/07 IN THE MATTER OF point of law or fact challenge to determination BETWEEN HANSELLS (NZ) LIMITED Plaintiff AND LILI MA Defendant Hearing: Thursday, 6 September 2007 (Heard at Auckland) Appearances: Rob Towner, counsel for plaintiff Simon Mitchell and Timothy Oldfield, counsel for defendant Judgment: 14 September 2007 JUDGMENT OF JUDGE B S
...Whātua Ōrākei Trust. As part of the transition, existing members of the two existing governance entities are excluded from any compensation remedy when the new governance entity is created (cl 76(2) and cl 79(2)). It might be argued that these clauses limit the right to bring civil proceedings against the Crown affirmed by s 27(3) of the Bill of Rights Act. However s 27(3) protects only procedural rights [7], while cls 24(3), 76(2), 79(2) and 82 affect the substantive law. Accordingly,...