Search Results

1. OIA-Treaty Principles Bill [pdf, 218 KB]

   ...August 2024 briefing entitled “Treaty Principles Bill: Update on Wording and Waitangi Tribunal Findings” In response to your request, I am refusing it under section 18(d) of the Act as all documents you have requested are publicly available here: forms.justice.govt.nz/search/Documents/WT/wt_DOC_220158087/Wai%203300,%20A031.p df Please note that this response, with your personal details removed, may be published on the Ministry website at: justice.govt.nz/about/official-information-...

2. 20241211 Racing Industry Amendment Bill [pdf, 159 KB]

   ...financial sustainability of the racing industry. It does so by: a) providing that no person other than TAB NZ or its partner organisation may offer racing betting, sports betting, or other racing or sports betting (or any combination of those forms of betting) to a person in New Zealand; b) repealing the point of consumption charge sections from the Act, as consumption charges will no longer be collectable under a sole legal domestic operator model; c) introducing changes to stren...

3. D Ltd v IB [2024] NZDT 560 (26 July 2024) [pdf, 94 KB]

   ...a. Is IB entitled to cancel the contract and not pay for services? b. If not, is the amount claimed reasonable? Is IB entitled to cancel the contract and not pay for services? 3. When two parties exchange something of value a contract is formed. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case the terms of the contract are in a written document titled “Valuation Agreement” dated 31 May 2022 and signed by...

4. Letter to Tier 2 Policy Leaders Network Protecting the integrity of the Official Information Act 1982 [pdf, 1.3 MB]

   ...stewardship role. Over the past few years there have been an increasing number of proposals for legislative change that relate to the OIA. We would like to be involved at an early stage in these kinds of proposals. OIA exemptions can take several different forms and range from legislation explicitly modifying the effect of the OIA to full confidentiality clauses in legislation. These arise in new legislation or old legislation which is being adopted wholesale. Suggested considerations to guid...

5. MG & MT v CH [2024] NZDT 671 (26 August 2024) [pdf, 111 KB]

   ...not display an intention to be immediately bound; rather, it envisaged that the parties’ lawyers would need to be involved, and the correct formalities would need to be followed. 5. Since the negotiations never led to a binding contract being formed, the applicants were free to change their minds, and they are entitled to receive their deposit back due to a total failure of consideration. Referee: E Paton-Simpson Date: 26 August 2024 Page 2 of 2 Inf...

6. CG & NA v YA [2024] NZDT 695 (9 September 2024) [pdf, 100 KB]

   ...well as provide general support for the mother. YA was to be paid $380 per day for the ‘maternity matron’ services. 2. The agreement was for YA to provide the ‘maternity matron’ service 24 hours a day. However, due to family issues YA informed CG and NA she could no longer do the night shift or start on the day agreed. 3. CG and NA claim YA breached the contract and claim in the Disputes Tribunal for the refund of the bond, postpartum meal costs incurred and the Tribunal fi...

7. DI v UM [2024] NZDT 727 (23 September 2024) [pdf, 184 KB]

   ...duress to accept the quote? 6. DI suggested that she was pressured into accepting the quote. She gave examples of UM taking her for coffee and making several contacts with her about accepting the quote. These examples given by DI are acceptable forms of soliciting for business. They do not reach the level of ‘duress’. Duress is the imposition of unacceptable pressure by threats that force a person to enter a contract. Duress has two fundamental elements: first, there must be the exe...

8. DX v E Ltd & DH [2024] NZDT 774 (17 September 2024) [pdf, 91 KB]

   ...paid for the joinery, and before he picked it up, his builder told him the joinery needed to meet the NZ standard 0.46 for thermally broken joinery to get building consent. He checked and found out the joinery did not meet this standard, therefore, he formed an opinion that CB gave him false information about the joinery, which induced him to enter into the contract. 4. CB gave evidence that DX told him he was looking for double glazed joinery and that is what he showed him. DX did not...

9. 03042025-Resource-Management-Prohibition-on-Extraction-of-Freshwater-for-On-selling-Amendment-Bill.pdf [pdf, 161 KB]

   ...rangatiratanga of Tangata Whenua. The Bill is intended to keep freshwater safe from pollution, contamination and over- extraction. It amends section 87B of the Act, making the extraction of freshwater for the purpose of on-selling in a packaged form a prohibited activity for the purposes of the Act. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Edrick Child Chief Legal Counsel...

10. DQ v BH [2024] NZDT 810 (15 November 2024) [pdf, 91 KB]

    ...salvage amount obtained for the wreck. 2. The dispute centres around the pre-accident value PAV) used in J Ltd’s calculations. The vehicle was insured with an ‘agreed value’ of $2750.00 and the assessor has noted on the repair assessment form that PAV is $2750.00. An ‘agreed value’ for insurance purposes is not necessarily the same as a market value, and it is market value just prior to the collision that is used for an accurate measure of damages resulting from negligence....