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1. Te Awe Awe-Bevan - Pt Rangitikei Manawatu Pt B4 being Lot 1 DP 4102 (Old Post Office) Trust, Pt Rangitikei Manawatu B4A Reservation and Rangitikei-Manawatu B4 Part (Rangiotu School) Reservation (2016) 361 Aotea MB 69 (361 AOT 69) [pdf, 254 KB]

   ...GST) Travel (16 hours at $68 per hour plus GST) $1,088.00 Photocopying, printing, binding $125.00 Telephone calls $100.00 [13] That application was granted at $6,000.00 plus GST and disbursements. Ms Sinclair also filed a statement of response to the application as well as an affidavit from Ms Te Awe Awe-Bevan on 15 January 2016. [14] At the initial hearing held on 20 January 2016 I directed that the trustees would have one month to consider the response filed by Ms Sinc...

2. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

   ...people. 9.4 Last, and most widely, and noting that control of tagging and other graffiti is a difficult regulatory problem that must be addressed in a wide variety of ways, the minimum age requirement forms part of a broad and tangible regulatory response to the tagging problem.[5] 10. I note there is some reason to expect that the direct positive effects of the age restriction will be limited. Most widely, it will remain open to young people to use materials or implements other than s...

3. Almero v Carlos [2017] NZIACDT 9 (27 July 2017) [pdf, 156 KB]

   ...adviser has recognised her error and accepted responsibility for it. [27] If the adviser were uncomprehending and unapologetic for her conduct, the Tribunal would consider requiring further training. In this case, the adviser’s acceptance of her responsibilities makes that unnecessary. Ordinarily, the penalty would include a monetary penalty. In this case, the adviser has incurred significant expense to address the elements of the complaint that the Tribunal did not uphold. Th...

4. OP & EI v GJ Ltd [2019] NZDT 1305 (14 October 2019) [pdf, 186 KB]

   ...would need to occur, and had this requirement been pointed out, this would have corrected the misunderstanding prior to the windows being made. Mr C stated that it was not obvious that the pelmets would need to be removed or modified, but he had a responsibility to check at that time. The installer, who also attended on one of the visits prior to purchase, also failed to raise this point, but when he came to install the windows some time later, pointed out the flaw. The installer is an...

5. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...for sufficient achievement of the objective? 13.2.3 is the limit in due proportion to the importance of the objective? 14. Age restrictions necessarily involve a degree of generalisation using age as a proxy measure of maturity and capacity to act responsibly. This avoids the need to assess each individual’s maturity and responsibility. 15. The purpose of the Minors’ Contracts Act 1969, which is a code replacing the rules both at common law and equity relating to the contractual...

6. Biddle v Karaitiana - Waipahihi 4H Block (2017) 163 Waiariki MB 149 (163 WAR 149) [pdf, 278 KB]

   ...account in the name of the Waipahihi 4H(Part) Ahu Whenua Trust. However, no lending was advanced or security taken over the land by Westpac in connection with the bank account. [6] The applicants claim that Westpac, as a fiduciary, was given responsibility to manage the applicants’ funds on behalf of the beneficiaries of Waipahihi 4H block. They therefore had a duty to protect the interests of the beneficiaries and ensure the first respondents were properly authorised to draw...

7. Consultation paper enabling on site audits [pdf, 481 KB]

   ...auditor. 7. Auditors assess the quality of legal advice and representation, communication with clients, file management, service delivery systems, value for money, invoicing and time-records. A draft audit report is supplied to the provider for their response. The auditor takes the provider response into account when finalising the audit report. Most audits are ‘off-site’ 8. Currently 95% of audits are completed off-site. Auditors do not meet providers face-to-face. The remaini...

8. Patchell - Te Whaiti Nui a Toi (2008) 320 Rotorua MB 227 (320 ROT 227) [pdf, 1.4 MB]

   ...therefore the election should to be re-mn. Discussion [14] Tuming to the principal issue for our determination, from the outset it must be emphasised that the wording of clause 7(a)(ii) is unsatisfactOly. For that the COUl1 must acknowledge some responsibility. At the very least we find that tlus clause is ambiguous. We accept that the interpretations placed on that clause by both par1ies are not outlandish. The submissions of Ivfr Rangitauira on clause 7(a)(ii) have a natural l...

9. Parata - Ngarara West B3B (2004) 146 Aotea MB 138 (146 AOT 138) [pdf, 367 KB]

   ...of costs. The irJunction application \i'las unsucccssful~ Costs should follow the evellt. The clain1 by counsel for the Respondent for approximately $2,600.00 does not strike me as being outlandish. That said, the Respondent must accept some responsibility for the misleading advertising published on his behalf which precipitated the original flurry of activity leading to the application for injunction. A further discount is therefore warranted in my view. While the Applicant says s...

10. [2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd [pdf, 306 KB]

    ...Restaurant Brands Ltd [2016] NZERA Auckland 219. [4] In tables in that collective agreement remuneration was provided for by specifying a training or skills level and an hourly rate of pay. The hourly rate of pay for employees discharging responsibilities as Shift Supervisor – Sole Charge was stated above the words “This rate includes the base rate and the sole charge allowance listed under Allowances”.3 A separate table specified the amount of the allowance. [5] T...