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1. Musese v Min [2013] NZIACDT 24 (04 April 2013) [pdf, 119 KB]

   ...before the Tribunal in order to give the parties the opportunity to consider their positions and provide submissions and further proof if they wish. The issues to be determined [24] The Minute identified the relevant professional standards. [25] Clause 1 of the Licensed Immigration Advisers Code of Conduct requires a licensed immigration adviser to: [25.1] Commence a professional engagement with a written agreement, after ensuring that the client has been made aware of all significan...

2. 2017 NZSSAA 060 (18 October 2017) [pdf, 114 KB]

   ...Relevant law [9] The appellant is entitled to a disability allowance under s 69C of the Social Security Act 1964 (the Act). The issue in this appeal is whether the appellant incurs additional food expenses as a result of his skin condition. Clause 2 of the Ministerial Direction − Disability Allowance requires that the applicant provide a medical certificate, invoices or receipts, and any other material required to verify that they are incurring the expenses claimed, the expense...

3. BORA Regulatory Systems (Justice) Amendment Bill package [pdf, 267 KB]

   2 8240238 Regulatory Systems (Justice) Amendment Bill package – Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/420 1. We have examined the Regulatory Systems (Justice) Amendment Bill package for the Bills’ compliance with the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). We conclude that the Bills are consistent with the Bill of Rights Act. The Bills 2. This package of four associated, omnibus Bills proposes amendments to: 2.1 the oper

4. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...in the management of offenders in prison and in the community. 4. The Bill amends the Bail Act 2000, Corrections Act 2004, Courts Security Act 1999, Parole Act 2002, and Sentencing Act 2002. POSSIBLE INCONSISTENCIES WITH THE BILL OF RIGHTS ACT 5. We have identified some amendments that appear to limit rights and freedoms affirmed by the Bill of Rights Act. However, where a provision appears to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Righ...

5. Consistency with the New Zealand Bill of Rights Act 1990: Healthy Futures (Pae Ora) Amendment Bill [pdf, 204 KB]

   ...discriminatory impact (i.e., it imposes a material disadvantage on the person or group differentiated against). 6. The Bill includes provisions that promote Māori health and others that remove measures intended to promote Māori health. 7. For example, clause 18 requires the board of Health New Zealand to take into account advice from the Hauora Māori Advisory Committee. We do not consider that this provision engages s 19(1) because no other group is in a comparable position to...

6. Napia - Waihou A No 2A No 1 (2015) 97 Taitokerau MB 212 (97 TTK 212) [pdf, 215 KB]

   ...block. Following that Maria Graham presented an overview of whānau trusts and ahu whenua trusts and responded to questions from the floor in relation to the two governance structures. [35] Those in attendance then reviewed the draft trust order clause by clause and discussed the various provisions proposed. [36] The draft whenua management plan was also reviewed. [37] Up to this point all attendees at the meeting had participated in the discussions that had occurred. It was...

7. ADU v ZWG Ltd [2013] NZDT 223 (7 June 2013) [pdf, 63 KB]

   ...failure to take reasonable care? [7] The law of contract applies. Parties to a contract are bound by the agreed terms or any implied terms. [8] The relevant term of the contract to consider in relation to the owners obligations is clause 14 of the Agreement to Hire which places responsibility on the owner for all ordinary and extra-ordinary costs of running the vehicle during the term of the hire except to the extent that by the terms of the agreement those costs are paya...

8. OX v ND [2022] NZDT 62 (29 June 2022) [pdf, 111 KB]

   ...contract arises. When one party fails to comply with its obligations, they have breached the contract and damages may be payable to the other party for losses suffered as a result of the breach. 5. The lease agreement was dated 9 August 2020. Clause 6 of the lease provides that the agreement can be terminated by 28 days’ notice by either party in writing. OX claims this clause was breached when he was evicted without notice. 6. However I am unable to accept that that is the...

9. COVID-19 Response (Further Management Measures) Legislation Bill – Ministry of Justice [pdf, 215 KB]

   ...Practitioners Regulation (Amendments) Act 2019). Schedule 3 – Commerce and Consumer Affairs – new Schedule 12 inserted into Companies Act 1993 12. Schedule 3 details a new Schedule 12 to the Companies Act 1993. The key provisions at clauses 3 – 5 of the new Schedule provide a ‘safe harbour’ defence for directors in relation to their duties under ss 135 and 136 of the Act, which require a director not to engage in reckless trading or to incur obligations which the dire...

10. JS v CL LCRO 180/2013 (19 May 2014) [pdf, 84 KB]

    ...distribution of all property as NZ law requires when a person dies intestate. This was refuted and eventually all matters were dealt with under a settlement agreement. There was significant acrimony over most matters in the settlement process. [5] The complaint concerns ownership of funds held by XYZ firm in its trust account prior to payment to Mrs AT in accordance with the terms of the settlement agreement. If the money belonged to the trust Mr JS asserts that the trustees were...