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able accepted action agree agreement allow Amendment apply approach appropriate Auckland authority Bill breach cause charge circumstances claim clear common concerned conduct considered consumer continue contract costs Council Court of Appeal Crown damages decision defendant determine discussion duty effect employees employment established evidence example existing fact finding further give given held High Court important intention interest involved issue Judge judgment jurisdiction justice land lawyers legislation limited Lord matter means mediation ment nature noted NZLR obligation particular parties person position possible practice present principles procedure proceedings proposed protection question reasonable received referred relation relationship relevant respect result risk rule shares suggested taken tion tort trade trial trust Zealand