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accepted action agreement apply approach arbitration arrest Auckland authority bank basis benefit Board breach circumstances claim clear Code common law concerned considered continued contract costs Council course Court of Appeal damages decision defendant duty effect employee entitled evidence exercise existence express fact franchise funds further give given held High important injury interest involved issue Judge judgment judicial justice legislation liability limited Lord loss majority Maori matter means mediation ment nature noted NZLR obligation particular parties payment person position possible practice present principles procedure proceedings protection question reasonable receipt received referred relation relevant remedy respect responsibility result rules statutory tion tort trade Treaty trust unjust enrichment Zealand