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1. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...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. Issues under ss 20 and 27(2) - Privative clauses 4. The Bill provides in Part 1, cl 15 that the settlement of the historical claims is final and excludes the jurisdiction of any court, tribunal or other judicial body to consider the settlement and historical claims, other tha...

2. BORA Victims’ Orders Against Violent Offenders Bill [pdf, 216 KB]

   ...the offender from contacting the victim2, and may also prohibit them from entering, living or working in any area specified by the court. Breach of an order would ordinarily be punishable by up to six months’ imprisonment, or a fine of up to $5,000.3 3.The Bill engages a number of rights affirmed by the Bill of Rights Act, including freedom of expression (s 14), freedom of association (s 17), freedom of movement (s 18(1)) and the right to be presumed innocent until proved guilty (s...

3. JM v DTM [2011] NZIACDT 1 (19 January 2011) [pdf, 119 KB]

   ...FOR PUBLICATION COPY DECISION REPRESENTATION: Adviser In person Date Issued: Wednesday 19 January 2011 2 2 Decision The Referral [1] This matter was referred to the Tribunal pursuant to section 45 of the Immigration Advisers Licensing Act 2007 (the Act) by the Registrar of the Immigration Advisers Authority. It concerns a complaint of failing to notify the Complainant of the terms of service, and inappropriate fees charged for services....

4. Stryder v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 125 (24 July 2024) [pdf, 220 KB]

   ...the accident, not the earnings before the thumb surgery on 1 May 2006, indexed in each subsequent year. [66] Mr Light submitted the Corporation had correctly calculated the back dated weekly amount; that it had correctly applied the relevant clauses under Schedule 1 of the Act and correctly calculated weekly earnings including applying clauses 32,33,34 and 42. In Mr Light’s submission, there was no evidence the weekly compensation had been calculated incorrectly or that the an...

5. ENV-2016-AKL-000TBA Waste Management NZ Limited v Auckland Council [pdf, 1.4 MB]

   ...Court of New Zealand at Auckland ENV-2016-AKL- in the matter of: the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) and the Resource Management Act 1991 and: in the matter of: an appeal under section 156(1) of the LGATPA against a decision of the Auckland Council on a recommendation of the Auckland Unitary Plan Independent Hearings Panel on the Proposed Auckland Unitary Plan and: in the matter of: Proposed Plan Hearing Topic...

6. Nuku v Clarke - Poukawa 13B Ahu Whenua Trust (2007) 193 Napier MB 19 (193 NA 19) [pdf, 428 KB]

   ...them. b) There is clear dissention concermng the $200,000 loan and asset purchase, in June-August 2007, and the subsequent signing of the lease extension by only two tmstees. c) Tmstee' s general powers are su bj ect to some restrictions. Clause 4 prohibits a tmstee voting or discussing any matter that directly or indirectly affects any contract in which he may be interested or concemed. The 1tustees' minutes on 17 November 2005 record "Thomas (Clarke) would like...

7. [2020] NZEmpC 34 Byrne v The New Zealand Transport Agency [pdf, 247 KB]

   ...1 Byrne v The New Zealand Transport Agency [2019] NZERA 283 (Member Trotman) (Byrne – Costs determination). 2 Byrne v The New Zealand Transport Agency [2019] NZEmpC 187. [2] The litigation concerned whether a non-disparagement clause in a record of settlement had been breached. [3] The Authority found that the New Zealand Transport Agency (NZTA) had not breached the agreement.3 In its subsequent costs determination, the Authority determined that costs should fo...

8. ENVC Hearing 6Oct14 AT evidence chief Appendix A 2012 bylaw [pdf, 208 KB]

   ...Application.................................................................................................................... 3 Part 1 Preliminary Provisions 4 Purpose ......................................................................................................................... 3 5 Interpretation ................................................................................................................ 3 6 Resolutions under this Bylaw.....................................

9. Lakhan v The Real Estate Agents Authority (CAC 414) v Ling Zhu [2017] NZREADT 75 [pdf, 203 KB]

   ...by crossing out “$1,480,000” and adding “$1,490,000”. Mr and Mrs Lakhan signed and initialled the amended agreement (but not in the same manner as in the initial agreement) and gave it to Ms Zhu. [13] The agreement contained, under clause 17 “Counterparts”, a clause (which appears to be numbered 19) which provided: “The Purchaser is aware and accepts that the Vendor is associated with Barfoot & Thompson Ltd” (“the disclosure clause”). [14] The Committee w...

10. [2016] NZEmpC 54 H v A Ltd [pdf, 250 KB]

    H v A LIMITED NZEmpC AUCKLAND [2016] NZEmpC 54 [10 May 2016] IN THE EMPLOYMENT COURT AUCKLAND [2016] NZEmpC 54 EMPC 284/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN H Plaintiff AND A LIMITED Defendant EMPC 283/2015 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND BETWEEN A LIMITED Plaintiff AND H Defendant Heari