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  1. [2007] SFWU v ADHB and Ors WN WC 18/07 [pdf, 134 KB]

    ...enter into a SECA with the plaintiff sufficient to fulfil the defendants’ obligations of good faith under s33(1). b) Does s33(1) require the defendants to conclude the MECA claimed for the plaintiff. c) Is there an obligation under Schedule 1B clause 6 to conclude a MECA. [7] This preliminary issue turns on the interpretation of s33 of the Act, both alone and in light of clause 6 of Schedule 1B to the Act. Section 33 is as follows: 33 Duty of good faith requires parties to conc...

  2. D v Secretary for Justice 25 September 2016 NZRA 001/2016 [pdf, 46 KB]

    IN THE REVIEW AUTHORITY [2016] NZRA 1 Reference No. RA 001/2016 BETWEEN D APPLICANT AND RESPONDENT Secretary for Justice 25 September 2016 Date of Decision: Date Issued: 26 September 2016 _______________________________________________________________ DECISION _______________________________________________________________ 1. INTRODUCTION 2. In a decision dated 1 July 2016, The Secretary for Justice

  3. Practice Note 5 2018 Final [pdf, 288 KB]

    IMMIGRATION AND PROTECTION TRIBUNAL PRACTICE NOTE 5/2018 (PUBLICATION OF DECISIONS) 16 May 2018 PRACTICE NOTE 5/2018 (PUBLICATION OF DECISIONS) PREAMBLE 1. COMMENCEMENT 2. JURISDICTION PROVISIONS RELATING TO DIFFERENT STREAMS 3. REFUGEE AND PROTECTION APPEALS 4. RESIDENCE APPEALS 5. DEPORTATION (NON-RESIDENT) APPEALS 6. DEPORTATION (RESIDENT) APPEALS THE PUBLIC

  4. MB & NB v G Ltd [2023] NZDT 99 (10 March 2023) [pdf, 155 KB]

    ...requires replacement. 3. MB and NB claim that G Ltd misrepresented to them, before they agreed to the purchase, that all earthquake repairs (including the damage to the drainage system) had been completed. They also claim that G Ltd is in breach of clause 7.2 of the Sale and Purchase Agreement with respect to the drainage system. They claim the sum of $20,900.67 being $18,773.17 to have the drainage system replaced plus $2,127.50 to have the problem with the system investigated by [dr...

  5. Taxation (Budget 2021 and Remedial Measures) Amendment Bill [pdf, 918 KB]

    ...party to those claims are in comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 4. Clause 116 reserves a special right of access to land on which a protected site is situated. This right of access applies to "Maori for whom the protected site is of special cultural, historical, or spiritual significance". It is conceiv...

  6. Ngati Maru (Taranaki) Claims Settlement Bill [pdf, 918 KB]

    ...party to those claims are in comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 4. Clause 116 reserves a special right of access to land on which a protected site is situated. This right of access applies to "Maori for whom the protected site is of special cultural, historical, or spiritual significance". It is conceiv...

  7. N v Tangilanu [2015] NZIACDT 37 (31 March 2015) [pdf, 131 KB]

    ...31 May 2012 after making their own inquiries with Immigration New Zealand. [6] The Registrar identified potential infringement of professional standards during the course of Ms Tangilanu’s engagement. Namely: [6.1] That Ms Tangilanu breached clause 1.1(a), of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). That provision required Ms Tangilanu to perform her services with due care, diligence, respect and professionalism. The circumstances alleged to amount to a...

  8. Tamang v Varquez [2015] NZIACDT 39 (15 April 2015) [pdf, 82 KB]

    ...professional standards during the course of Mr Varquez’s engagement. They only relate to the period from 18 October 2012, when Mr Varquez first became a licensed immigration adviser. The potential infringements were: [6.1] That Mr Varquez breached clause 1.5(a), (b) and (d), and 8(d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). Those provisions required Mr Varquez to have written terms of engagement containing a full description of the services, explain al...

  9. BORA Residential Tenancies Amendment Bill [pdf, 299 KB]

    ...the foregoing reasons, we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Helen Wyn General Manager Public Law See clauses 23 (new section 40(3A) (a) and (d)), 40 (new section 61(5)) and 46 (new section 66X). In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-G...

  10. Autonomous Sanctions Bill [pdf, 225 KB]

    ...of New Zealand’s international relations with other countries and with entities and persons outside New Zealand; c. requiring reporting in specified circumstances, and d. providing for the monitoring and enforcement of autonomous sanctions. 5. The Bill also amends the United Nations Act 1946 to update penalty provisions and harmonise it with the provisions governing autonomous sanctions. Consistency of the Bill with the Bill of Rights Act Section 17- freedom of association, s 1...