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1. [2013] NZEmpC 178 Asiaciti Trust NZ Ltd v Harris [pdf, 59 KB]

   ...with others in the company, and in the wider legal industry. [4] Her employer, the plaintiff was, and is, a New Zealand registered company carrying out business solely in New Zealand. It has its place of operation in Auckland. The restraint clause is, as I have said, far too wide, and I am not prepared to modify it as pleaded, so that it might become enforceable and I make that decision in respect of my discretion for the following reasons. First, a reasonable term even if en...

2. February v Smith [2015] NZIACDT 10 (20 February 2015) [pdf, 75 KB]

   ...deliver the services he agreed, and failed to communicate with his clients appropriately. Negligence is a ground for complaint under section 44(2) of the Immigration Advisers Licensing Act 2007 (the Act). Furthermore, the same conduct was a breach of clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) which required Mr Smith to perform his services with professionalism. [5.2] He did not provide a copy of his client file when the Registrar required him...

3. LP v MT LCRO 74/2013 (22 October 2014) [pdf, 78 KB]

   ...agent and an agreement was signed on 2 November. It was sent to Mr MT by the mortgagee’s solicitor. [8] The Agreement which had been signed was substantially different from the Agreement which had previously been prepared by Mr MT. Numerous clauses in the standard form Agreement had been deleted and three pages of further terms had been inserted. [9] Crucially, the Agreement did not include the provision which had been in the first offer providing for the assignment of the...

4. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...Oil Companies did not have a QRA. For these reasons the Panel determined that the RM Areas should be included on an interim basis, with an expiry date of 31 March 2019. The outcome was that rule NC2 was included in the District Plan with a sunset clause stating that the rule shall cease to have legal effect by 31 March 2019. Updated QRAs [7] The operators of Woolston Terminals have completed updated QRAsB for the two terminals which provide an informed basis on which to review the...

5. Hull v CAC307 & Anor [2016] NZREADT 13 [pdf, 208 KB]

   ...New Plymouth (the property). The complainant was the solicitor acting for Michelle Ferguson (the vendor of the property which was purchased by Theta Marketing Ltd). [4] The complainant complained to the Authority that the licensee had removed a clause from the sale and purchase agreement without consultation with the complainant and did not alert the complainant that this change had been made. More precisely, the deletion was to an attached form 2 consent document provided for in s 1...

6. BORA Outer Space and High Altitude Activities Bill [pdf, 202 KB]

   ...freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression), s 18 (freedom of movement), s 21 (right to be free from unreasonable search and seizure), s 25(c) (right to be presumed innocent until proved guilty) and s 27(2) (right to judicial review). Our analysis is set out below. Summary 4. The Bill establishes a regulatory regime to govern outer space launches from New Zealand and by New...

7. BORA Hurunui/Kaikōura Earthquakes Recovery Bill [pdf, 197 KB]

   ...provides for Orders in Council to be made to grant exemptions from, modify, or extend any provisions of an enactment to assist earthquake-affected areas respond to, and recover from, the impacts of the earthquakes that occurred on 14 November 2016. 5. The Bill raises a potentially significant limitation with the right to apply for judicial review affirmed in s 27(2) of the Bill of Rights Act. Specifically, cl 8(3) of the Bill provides that the recommendation to make an Order in Council, o...

8. BORA Education (Vocational Education and Training Reform) Amendment Bill [pdf, 255 KB]

   ...Freedom of Expression 4. Several provisions in the Bill require the provision of information. This includes: a. financial and operational information, which is to be provided by the workforce development councils to the Tertiary Education Commission (clause 10, the new section 159FB), and an annual report to the Minister of Education for tabling in the House (clause 57, the new section 518); b. operational information, which is to be provided by the Institute to the Tertiary Edu...

9. Waikato Regional Council [pdf, 237 KB]

   ...the Proposed Plan (Submitter ID: 72890). 3. The Appellant is not a trade competitor for the purposes of section 308D of the Resource Management Act 1991. 4. The Appellant received notice of the decision (the Decision) on 22 April 2020. 5. The Decision was made by Waikato Regional Council. 6. The specific parts of the Decision that the Appellant is appealing are as follows and are set out in full in Appendix A: (a) Policy 2: (b) Rule 3.11.4.1; (c) Rule 3.11.4.2...

10. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

    ...client, and he provided no immigration advice to him. 3 [6] The Registrar identified potential infringement of professional standards during the course of Mr J’s engagement, the allegations were that potentially: [6.1] Mr J breached clauses 1.5(a), (b) and (d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provisions required him to enter agreements for the delivery of professional services, ensure the agreements have a full description of...