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accepted action agreement allow Amendment application appointment approach arbitration authority benefit Bill body breach cause charitable claim clear client Commission common concerned conclusion consideration considered continued contract costs Council Court of Appeal criminal damages deal decision defendant determine discussion duty economic effect established evidence example existing fact firm further give given grounds held High Court important intention interest involved issue Judge judgment judicial jurisdiction justice land legislation limited majority matter means ment nature noted NZLR objective obligations operation particular parties person police position practice present principle problem proceedings proposed protection question reason referred regulations relation relevant respect responsibility result rules specific suggested tion tort trade trust Zealand