New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Surrender of licence

Legal area

Court

12 Apr 2022

FOUR WINDS FOUNDATION LTD v NEW ZEALAND COMMUNITY TRUST [2022] NZHC 767

Citation

[2022] NZHC 767
Court

High Court

Section 65(2)(g) is a statutory precondition for issuance of a new venue licence by the Secretary and does not create a public law discretionary power for outgoing societies; however, given the statutory framework and established industry practice a term is implied into venue agreements (by custom and necessity/business efficacy) obliging an outgoing corporate society to notify the Secretary that it will surrender its venue licence at the end of the contracted period within a reasonable time on request, and an outgoing society may not use refusal to give that notice to impose an effective fou…
20 Oct 2006

YOUTHTOWN INC V LION FOUNDATION HC AK CIV 2006-404-6327

Citation

openlaw-4c4c9a83_f6a9_43a8_b2a7_483cc760eca8.pdf
Court

High Court

The interim order was rescinded because the plaintiff failed to demonstrate an arguable case on the key causes of action (including the Commerce Act), and contractual clause 12 together with industry guidance did not establish an enforceable obligation on the defendant to provide a forward surrender prior to the contract termination date; accordingly the basis for interim relief did not exist.