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  1. Martin - Whangaroa Ngaiotonga Trust (2008) 127 Whangarei MB 144 (127 WH 144) [pdf, 1.5 MB]

    ...to be considered at the AGM well enough in advance of the AGM to give beneficial owners a sufficient oppOItunity to consider that material. [21] There is one other matter that reqUIres comment. During the hearing it was disclosed that at the request of some beneficial owners the minutes of the AGM are being typed verbatim. This appears to be giving rise to no end of problems, with each AGM taking a considerable time to discuss and pass minutes of a former AGM. It is an implicit du...

  2. Niao - Lot 39A Sec 2B No 2B No 2A Parish of Matatā (2017) 163 Waiariki MB 22 (163 WAR 22) [pdf, 168 KB]

    ...the results of an election simply inform the Court when looking at appointments. If Mr Park does vote at a meeting objections can still be raised in any subsequent application to the Court. [21] Regarding the s 173 application, that concerns a request to call a meeting of owners to discuss issues about the land. Again, there is no indication of the outcome of the application but I infer that the applicant is arguing that Mr Park should be prohibited from attending such a meeting i...

  3. [2018] NZEmpC 66 Ben Singh Holdings Ltd t/a Fresh VibeCafé v Singh [pdf, 235 KB]

    ...enforce the determination of the Authority. [17] The application for a stay of execution is declined. Mr Singh applies for security for costs [18] Pursuant to reg 6(2)(a)(ii) of the Employment Court Regulations 2000 (the Regulations), where no form of procedure has been provided by the Act or the Regulations or any rules of the Employment Court, the Court must generally dispose of an application as nearly as practicable in accordance with the provisions of the High Court Rules 2...

  4. Notes from Crown Maori Relations hui Christchurch 15 April 2018 [pdf, 412 KB]

    ...Main issues and opportunities raised at the hui • Local government – there was a widespread view it was important for Ngāi Tahu to be ‘at the decision-making table’ of local government. It was noted that a key issue is water, and the request to be at the table also applied to water issues. Many speakers noted that they thought local government is an agent of the Crown but they are told they are not by the Crown and by the law that establishes them. An example discussed by a...

  5. E62 Lester McGrath - Corporate - EIC - ATC [pdf, 342 KB]

    ...including carparking in the resource consent for the Theatre. It simply would not have been practical or financially feasible from a funding perspective to build a carpark on the Theatre site. 4.11 Accordingly, should the Proposal be approved, ATC requests that Panuku be required to mitigate the reduction in carparking available for ATC staff and patrons, as a result of the America’s Cup Proposal. 5 Conclusion 5.1 ATC is not opposed to the Proposal on the whole, however has...

  6. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

    ...that Part, the Reserve Bank may require the deposit taker to supply a report or series of reports prepared by a person approved or appointed by the Reserve Bank on matters relating to the business, operation, or management of the deposit taker. If requested, the deposit taker must provide the approved or appointed person with access to the accounting and other records of the deposit taker and must provide information relating to those records. 11. A requirement to produce documents under...

  7. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

    ...behind these provisions is that Customs have access to information regarding goods for import or export into New Zealand. The offence has been cast as a strict liability offence because, while a person may have good reason for failing to comply with a request for information, those reasons are peculiarly within the realm of the individual’s knowledge. The penalties for violation of these provisions are consistent with penalties for other strict liability offences concerning the failure...

  8. Hei - Maraehako C3D (2017) 174 Waiariki MB 274 (174 WAR 274) [pdf, 273 KB]

    ...appointed will act in such a manner. [26] The trustees being appointed are very much aware of their obligations to act in the best interest of all beneficiaries. Decision [27] Having considered the matters above, the curriculum vitae and the consent forms on file, I am satisfied that each of the proposed nominees have the necessary attributes to fulfil the role of trustee. [28] In addition, given the election results I am satisfied that the three highest polling nominees are b...

  9. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

    ...Powers) Amendment Bill (PCO13662/24) for consistency with the New Zealand Bill of Rights Act 1990. 2. I note that following aspects of the Bill raise issues under that Act: 2.1. Clause 6, which concerns the offence of breaching bylaws against certain forms of driving, places an evidential onus on the accused and so is contrary to the presumption of innocence protected by s 25(c). In the context of those particular offences, however, I consider that the onus is justifiable. Clause 16 o...

  10. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

    12 April 2013 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CREDIT CONTRACTS AND FINANCIAL SERVICES LAW REFORM BILL 1. We have considered whether the Credit Contracts and Financial Services Law Reform Bill (PCO 15644/14.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill was considered by the Cabinet Legislation...