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accepted action administrative agreement application approach arbitration authority bank basis benefit Board breach cause circumstances claim clear Code common concerned consideration considered consultation continued contract costs Council Court of Appeal Crown damages decision duty effect employee evidence example exercise existing express fact fair franchise franchisor funds further give given grounds held High important injury interest involved issue Judge judgment judicial land legislation liability limited Lord Maori matter means mediation ment nature noted NZLR obligations operation particular parties person plaintiff position possible practice present principles procedure proposed protection question reasonable referred relation relevant respect responsibility result rules statutory tion tort trade Treaty trust unjust enrichment Wellington Zealand