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1. Bay of Plenty Regional Council (Maori Constituency Empowering) Bill [pdf, 149 KB]

   ...based on one of the prohibited grounds of discrimination? ii. Does the distinction involve disadvantage to one or more classes of individuals? Does the legislation draw a distinction based on one of the prohibited grounds of discrimination? 6. Clause 5 (2) of the bill proposes that the Bay of Plenty region will be divided into a number of constituencies including at least one Maori electoral district for the purpose of local government representation. The bill therefore draws a dis...

2. BORA Biofuel Bill [pdf, 292 KB]

   ...everyone to be secure against unreasonable search and seizure. The Bill contains regulatory inspection powers that do not require a warrant as well as more extensive search powers that are subject to a warrant. Regulatory Inspections Powers 6. Clause 14 of the Bill inserts a new section 35B into the Act which empowers a person authorised by the Secretary to enter any land, building, or place other than a dwellinghouse or marae in order to ascertain compliance with the Act. The autho...

3. Hulton Patchell Ltd v Mitchell - Pukeroa Oruawhata Trust (2007) 319 Rotorua MB 89 (319 ROT 89) [pdf, 191 KB]

   ...annual general meeting of the trust. The Maori Appellate Court further ordered that a seventh "independent professional" trustee be appointed at the trust's next annual general meeting, by varying the trust order with the insertion of clause 7(g). My judgment had simply made provision for the appointment of a seventh trustee without reference to "independent professional." 319 Rotorua MB 90 [3] On 8 November 2006 the trust submitted an application for vari...

4. Koppula v Zhou [2014] NZIACDT 116 (27 November 2014) [pdf, 236 KB]

   ...satisfied a complying agreement was in place. [59] Another critical issue was fees. Pursuant to clause 8 of the Code of Conduct, Ms Zhou had an obligation, before commencing work that incurred costs, to set out the fees and disbursements in writing. Clauses 1 and 8 of the Code of Conduct required that the terms and particulars of the relevant services be set out. Ms Zhou claimed she “was not responsible for fees”. That is not correct, she was personally responsible for fees in relati...

5. [2016] NZSSAA 016 (11 March 2016) [pdf, 48 KB]

   ...summary, a homeowner who did not have insurance can only receive assistance under the programme if they have exceptional circumstances. The Chief Executive has, effectively, now accepted that the appellant had exceptional circumstances as required in clause (e)(ii) and was entitled to TAA. He has received the arrears payments previously outlined. [14] Clause 9 of the Programme, which outlines the rates at which TAA is to be paid, provides that the amount of TAA provided under clause 8(...

6. Contraception Steralisation and Abortion (Safe Areas) Amendment Bill.pdf [PDF, 128 KB]

   ...the Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. I have concluded that clause 5 of the Bill appears to be inconsistent with the right to freedom of expression as affirmed in section 14 of the Bill of Rights Act. 3. As required by section 7 of the Bill of Rights Act, I draw this apparent inconsistency to the atte...

7. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...BY Immigration Advisers Authority Authority Between ETS Complainant AND WKE Adviser DECISION REPRESENTATION: Complainant: In person Adviser: In person Date Issued: 5 February 2013 2 DECISION Introduction [1] Mr ETS had difficulties obtaining a work permit, as Immigration New Zealand found the position of employment he was relying on did not appear to meet policy requirements....

8. HX v RC [2019] NZDT 1215 (17 May 2019) [pdf, 159 KB]

   ...to City Council and some of which is not yet due. Issues [4] The issues to determine are: • Was the Home Programme information disclosed to Mr HX prior to the contract being formed? • Is Mr RC in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is Mr RC in breach of the vendor’s warranty at clause 6.1(1) of the sale and purchase agreement? Was the Home Programme information disclosed to Mr HX prior to the contract being formed...

9. Prasad v Devi [2014] NZIACDT 33 (19 March 2014) [pdf, 139 KB]

   ...separated from his wife in his visitor visa application. Analysis of potential professional disciplinary offences [9.10] The Registrar identified two potential disciplinary offences arising from the facts. [9.11] The first ground was a breach of Clause 1.1(a) of the Code of Conduct that required the adviser to provide her services with due care, diligence, respect and professionalism. The particulars in support of that potential offence were: [9.11.1] The adviser submitted four applic...

10. BORA Social Worker’s Registration (Mandatory Registration) Amendment Bill [pdf, 314 KB]

    Social Worker’s Registration (Mandatory Registration) Amendment Bill 5 August 2015 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Social Worker’s Registration (Mandatory Registration) Amendment Bill Purpose 1. We have considered whether the Social Worker’s Registration (Mandatory Registration) Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990