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1. [2021] NZEmpC 69 Head v IRD [pdf, 679 KB]

   ...employment arrangements for the plaintiffs in detail. Some 16 volumes of documents were also produced. Very comprehensive submissions were advanced by all counsel in support of the parties’ respective positions. All this material has been carefully considered. Difference between recruitment services and labour-hire arrangements [38] At the heart of the plaintiffs’ case is the assertion that the reality of the arrangements they entered into was they were recruited by Madison...

2. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

   TE RŌPŪ WHAKAMANA I TE TIRITI O WAITANGI Kohi-Tātea 2016 | January 2016 ISSUE 69 Kia puta ki te whai ao ki te ao mārama From the world of darkness moving into the world of light Te Manutukutuku 40 The Waitangi Tribunal Level 7, Fujitsu Tower 141 The Terrace Wellington New Zealand DX SX11237 Tel : 64 4 914 3000 Fax : 64 4 914 3001 www.waitangitribunal.govt.nz Te Manutukutuku is produced and published by the Waitangi Tribunal Unit of the Ministry of Justice, and every effort has

3. Mudge v CAC307 & Anor [2015] NZREADT 85 [pdf, 122 KB]

   ...“whether it is acceptable practice for agents to shop around and obtain a valuation that suits his/her purpose without informing the client of the number of valuations or values represented in each valuation”. [23] We consider that the Client Care Rules 2012 and the Act provides sufficient protection for the members of the public and to prevent any ethical abuses. [24] Accordingly the Tribunal dismisses the appeal and confirms the Committee’s decision. [25] The Tribunal dr...

4. ENVC Hearing 6Oct14 s274 evidence chief John Hall [pdf, 70 KB]

   ...6th 2014, that the marina would take up a good third of Matiatia. 15 Ms Christine Gisby, in a letter to “Gulf News” on 9th January 2014 claimed that the 160 berth Marina would take up almost half the bay! 16 From aerial photographs, I have very carefully measured the total area of Matiatia Bay. The area inside its headlands is about 33 hectares. The area of it that would be taken up by the proposed marina, car park area and breakwaters is just 3.8 hectares and as I noted previously is...

5. IEAA - 2015 annual report [pdf, 148 KB]

   ...HEALTH OF THE STUDENT 8. In most years at least one case arises where the problems really stem from the mental state of the student and their inability to cope with living in a 4 different environment. There is little that can be done to protect the providers from this situation but it does, in the cases we have come across, lead to some very contentious situations where the IEAA has had to step in and attempt to resolve. CASES 9. The one case which we will espe...

6. Piontecki & Anor v CAC 20003 & Ano [2014] NZREADT 96 [pdf, 29 KB]

   ...stresses that this case, and its associated publicity, have had an enormous impact on the licensee and her family. [13] Ms Hunter then submits that the purposes of the current disciplinary regime for real estate agents, namely, the promotion and protection of the interests of consumers and the public generally and the maintenance of professional standards, are met in this case by the finding of unsatisfactory conduct and by the licensee’s apology. Ms Hunter notes that we recognised t...

7. CAC 20005 v Morton-Jones [2014] NZREADT 100 [pdf, 29 KB]

   ...accounting codes, rather than a lack of fidelity or good faith”. [14] The defendant also maintains that any tardiness on his part in responding to the charges was because he had not been properly served on 24 March 2014. [15] We record that we have carefully taken into account these further submissions but they do not alter our conclusions. Our Decision [16] Pending the outcome of the substantive prosecution hearing, we have now decided to suspend the defendant’s licence fo...

8. Baigent v ACC [2011] NZACA 3 [pdf, 166 KB]

   ...October 2002; (ii) The intended point of law must be ‘capable of bona fide and serious argument’ to qualify for the grant of leave: e.g.; impact manufacturing reported, Doogue J, HC Wellington, AP 266/00, 6 July 2001; 3 (iii) Care must be taken to avoid allowing issues of fact to be dressed up as questions of law; appeals on the former being proscribed: e.g. Northland Cooperative Dairy Co Limited v Ropana [1991] 1ERNZ 361, 363 (CA); (iv) Where an appe...

9. Morgan v ACC [2011] NZACA 2 [pdf, 188 KB]

   ...in Lewis v ARCIC HC 149/1993 is now seen by Parliament as not being acceptable. [12] The view of the Appeal Authority in this case is in total contrast to the will of Parliament in that the Corporation has been allowed to both seek and attain protection and financial benefit from its totally inappropriate and unlawful action. [13] The Corporation provided the standard C3 form to Mr Morgan's employer which stipulated "do not include any taxable items." [14] The proba...

10. BORA Taxation (Annual Rates, Business Taxation, Kiwisaver, and Remedial Matters) Bill [pdf, 387 KB]

    ...the Income Tax Act 2004, the Income Tax Act 1994, the Tax Administration Act 1994, the KiwiSaver Act 2006, and the Goods and Services Tax Act 1985. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993, including age (which means any age of 16 years old and over). 6. Taking into account the various domestic an...