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accepted activities agreement apply approach Auckland authority basis benefit Bill body breach charge charitable circumstances claim Commission concern conduct consideration considered continue contract costs Court of Appeal criminal deal decision defence definition determined direct discussion documents duty effect employees employment entity established evidence example existing express fact further give given held High Court important income interest involved issues Judge judgment jurisdiction land lawyers legislation limited litigation majority Maori matter means mediation nature necessary noted objective obligations particular parties person position practice principles privilege problems procedure proceedings proposed protection question reasonable received referred relation relationship relevant respect responsibility result rules status suggested trade trust Zealand