Search Results

1. BORA - National Animal Identification and Tracing Amendment Bill [pdf, 327 KB]

   ...contains the following search and seizure powers: a. to require the provision of information or production of documents, and to answer questions (cl 1 of Schedule 2); and b. to enter and inspect a place without a warrant (cl 10 of Schedule 2). 15. Clauses 1 and 10 of Schedule 2 of the Bill are identical to the equivalent provisions (cls 2 and 49, respectively) within Schedule 2 of the principal Act as it currently stands. These provisions were assessed in our previous advice on the Bi...

2. [2021] NZACC 120 - Hoeberechts v ACC (3 August 2021) [pdf, 199 KB]

   ...Makaurau Appearances: V Hoeberechts for Ms Hoeberechts F Becroft for the Accident Compensation Corporation Judgment: 3 August 2021 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for lump sum compensation for permanent impairment – clauses 54-59, Schedule 1, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 17 October 2018. The Reviewer dismissed an application for review, upholding the Corporation’s assess...

3. Broderick v Accident Compensation Corporation (Employment) [2022] NZACC 159 [pdf, 248 KB]

   ...Appearances: Appellant in person via AVL Mr I Hunt for the respondent Judgment: 16 August 2022 ____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J McGUIRE [Section 6 – full time employment; Clause 42 of Schedule 1 Accident Compensation Act 2001] ____________________________________________________________________ [1] This is an appeal against the decision of the respondent dated 10 April 2015 in which the respondent...

4. KC Ltd v OK [2019] NZDT 1378 (17 July 2019) [pdf, 268 KB]

   ...this situation and reads as follows: "The indemnities referred to above shall not apply where the damage, injury or loss arises when the vehicle is wilfully or recklessly damaged by the hirer..." 13. With respect to exclusion clauses, the onus is on the party seeking the protection of the clause, KC in this instance, to show that the words clearly and aptly apply to the situation that has arisen. KC contends that Mr K damaged the van wilfully because he chose to drov...

5. EN & ND v QI & MI [2023] NZDT 272 (21 July 2023) [pdf, 181 KB]

   ...MI. Immediately after settlement EN and ND tried to use the toilet to dispose of dirty water from the carpet cleaning, but they discovered the toilet was blocked and did not work properly. They called a plumber who fixed the problem. Relying on clause 7.3(1) of the sale and purchase agreement the purchasers asked the vendors to pay for the work done. The vendors did not pay. EN and ND filed a claim in the Disputes Tribunal. 2. This is a claim for a breach of clause 7.3(1) of the...

6. IX v HO [2024] NZDT 90 (28 February 2024) [pdf, 98 KB]

   ...March 2024. Reasons 1. IX and HO were flatmates. They signed a flatmate agreement that noted HO was the head tenant and IX was effectively a sub-tenant. The agreement was for a fixed term of twelve months but could be terminated early (under clause 11 of the agreement) if six weeks notice were given. Included in the clause was the statement that if a tenant sought early termination, the tenant would be responsible for finding another tenant. IX in fact stayed two more weeks after...

7. [2018] NZEnvC 108 Dromgool v Minister for Land Information [pdf, 4.7 MB]

   jBEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA AUCKLAND IN THE MATTER AND BElWEEN AND Decision No. [2018] NZEnvC 108 of the Public Works Act 1981 (the Act) of an appeal under ss 23 and 24 of the Act S & D DROMGOOl (ENV-2017-AKl101) AD & J POULTON (ENV-2017-AKl102) NEWMAN FARMS LIMITED (ENV-2017-AKl-103) Objectors MINISTER FOR lAND INFORMATION Respondent Court: Judge JA Smith Commissioner ACE leijnen Commissioner 1M Buchanan Hearin

8. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...these claims are in 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. Privative clause 4. The Bill provides in cl 14 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, the Tribunal[2] and other judicial bodies from considering the settlement and historical claims, other...

9. 05-June-2024-MWRC-Plan-Change-2-Appeals.pdf [pdf, 220 KB]

   ...NOTICE OF RESUMED HEARING TAKE NOTICE that there is to be a sitting of the Environment Court as detailed below to hear the proceedings listed in the attached schedule. The details for these proceedings are as follows COMMENCING: Wednesday, 5 June 2024 TIME: 10:00 AM VENUE: Courtroom 5.01 District Court Building 5th Floor 49 Ballance Street Wellington Ph: (04) 9188300; Fax: (04) 9188303 Scheduling Fee: N/A Scheduling Fee Due: N/A Time Allocated: 5 Days (5...

10. Darlerbe v Hakaoro [2015] NZIACDT 53 (14 May 2015) [pdf, 165 KB]

    ...eventually found out what had happened from Immigration New Zealand. [2.5] Mr Hakaoro has never refunded the fees he took, and did not provide the services he agreed to provide. [3] The Tribunal upheld the complaint. Mr Hakaoro: [3.1] Breached clauses 1.1(c) and 3(b) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). Clause 3(b) required Mr Hakaoro to confirm in writing when work ceases. Work had to cease when he did not have a licence. He did not inform his...