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1. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

   ...saying they have made a range of concessions in ND’ favour since the agreement was entered into, the value of which far outweighs the amount she claims. 6. The issues I must decide are: a. What terms were agreed? b. Has there been a breach of clause 7.3(1) of the agreement regarding: i. the oven; and ii. the heated towel rail? c. Is ND entitled to $1,225.00 as claimed, or to any other sum? What terms were agreed? 7. Under contract law, a contract is formed when both partie...

2. Corrigan - Ngatihine H2B (2014) 71 Taitokerau MB 72 (71 TTK 72) [pdf, 210 KB]

   ...considerably as a result of the variations I ordered on 22 March 2013. For present purposes I am only concerned with the trustees’ compliance with the trust order as it stood when they invested in social housing. [30] The objects of the Trust per clause C of the trust order provided: C. 1. The objects of the Trust shall be: OBJECTS 1.1 To provide for the use and management of the Trust assets to the best advantage of the beneficial owners or the better habitation of the Trust...

3. BORA Food Safety Law Reform Bill [pdf, 142 KB]

   ...right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 7. There are a number of provisions in the Bill that compel the provision of specific information, including:  clause 30, which allows the chief executive of the Ministry for Primary Industries to require people to provide information regarding an urgent and serious risk of illness or injury to consumers; and  clauses 112 and 205, which require anima...

4. BORA Food Safety Law Reform Bill [pdf, 142 KB]

   ...right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 7. There are a number of provisions in the Bill that compel the provision of specific information, including:  clause 30, which allows the chief executive of the Ministry for Primary Industries to require people to provide information regarding an urgent and serious risk of illness or injury to consumers; and  clauses 112 and 205, which require anima...

5. Copyright Licensing Limited v Universities of NZ [2013] NZCOP 18 [pdf, 213 KB]

   ...referred form of licence contained a number of provisions which clearly contemplated the involvement in the administration of the licence of two bodies or groups who have acted (and presumably continue to act) for all of the Respondents. For example, clause 5.5, in a section dealing with “Survey and Compliance Audit”, provided that CLL would work in consultation with UNZ to determine the order in which the licensee and other Specified Universities would participate in a survey during...

6. McCallum v The Māori Trustee of Whanganui - Estate of Ngapiki Waaka Hakaraia [2014] Chief Judge's MB 541 (2014 CJ 541) [pdf, 215 KB]

   ...(the Will). 1 Probate was granted on 27 April 1970 in favour of the Māori Trustee and the deceased’s Māori land interests were vested in the Māori Trustee in terms of s 81 of the Māori Affairs Amendment Act 1967 (MAAA). [4] The relevant clauses in the Will provide: 3. I GIVE DEVISE AND BEQUEATH the whole of my estate both real and personal of whatsoever nature and wheresoever situate unto my Trustee upon trust to hold the same as to one half thereof for my adopted son JOH...

7. T v Mudaliar [2015] NZIACDT 79 (06 August 2015) [pdf, 241 KB]

   ...[6.1.1] The complainant’s two applications for a work visa. [6.1.1] The complainant and the applicant’s son’s applications for a visitor and student visa. [6.1.2] Consequently, for those instructions he did not meet the requirements set out in clauses 1.5(a), (b) and (d) of the 2010 Code. [6.1.3] In respect of his instructions for a graduate job search visa for the applicant, Mr Mudaliar had a written agreement, though it did not have a full description of the services, or state...

8. BORA Medicines Amendment Bill [pdf, 201 KB]

   LEGAL ADVICE LPA 01 01 24 20 March 2025 Hon Judith Collins KC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Medicines Amendment Bill Purpose 1. We have considered whether the Medicines 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. We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest ver

9. R v Secretary for Justice [2024] NZRA 001 (23 February 2024) [pdf, 240 KB]

   ...approval level 3 or 4 criminal proceedings where— (i) at least 1 charge carries a maximum penalty of 10 years’ imprisonment or more; or (ii) the person charged is likely to face cumulative sentences of more than 10 years’ imprisonment. [3] Clause 1(1) of the Schedule to the Regulations defines PAL 3 criminal proceedings as proceedings that are Crown prosecutions where the person charged may be liable to a penalty of more than 10 years’ imprisonment that is not a PAL 4 crim...

10. BORA 2001 Land Transport Street and Illegal Drag Racing Amendment Bill [pdf, 92 KB]

    ...Representatives 3 E. 63 I have considered the Land Transport (Street and Illegal Drag Racing) Amendment Bill 2002 (the “Bill”) for consistency with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). I have concluded that clause 8 of the Bill appears to be inconsistent with section 21 of the Bill of Rights Act. As required by section 7 of the Bill of Rights Act and Standing Order 260 (as varied by the House on 25 May 2000) I draw this to the attention of the House...