Search Results

1. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...Minimum Wage Act because of the way in which it calculated and paid commission and/or discretionary incentives. Because there is no definition of “wages” in s 6 in the Minimum Wage Act, reliance was placed on the extended definition in the Wages Protection Act 1983 to encompass payments such as bonuses and special payments agreed to be paid for the performance of work. [72] The company characterised its commissions, and incentive payments, as bonuses and submitted that, as a...

2. [2019] NZEmpC 46 Southern District Health Board v Glasson [pdf, 457 KB]

   ...must also hold an annual practicing certificate. [11] Cardiac sonography is also known as echocardiography and a cardiac sonographer as an echocardiographer. Clinical physiologist [12] A clinical physiologist is also highly trained in healthcare specialising in testing, measuring and reporting on patients which can be in the fields of cardiology, respiratory medicine or sleep medicine. They perform a variety of tests such as electrocardiograms, holter monitoring and exercise to...

3. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...by Dr Daniels who had considered the medical records, and other evidence. Mr Prater was able to undertake tasks that required adherence to detail, meet a deadline in the case of the application for Board membership, and perform tasks requiring care and attention such as driving trucks, building work and servicing vehicles. f) Dr Maxwell had not examined Mr Prater but had reviewed his medical and counselling notes. His evidence was entirely speculative in nature, as he had conce...

4. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

   ...Committee has alleged under s 73(c) of the Real Estate Agents Act 2008 (“the Act”) that Mr Reed wilfully or recklessly breached ss 134 and 135 of the Act, and rr 10.2, 10.3 and 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”). This charge will be referred to as “the substantive charge”. [3] In the alternative, the Committee has alleged that Mr Reed’s conduct in the course of the sale constituted seriously incompetent...

5. Singh v Ryan - [2019] NZIACDT 76 (8 November 2019) [pdf, 293 KB]

   ...Kerr on 18 May 2015. It was stated that BC International had been set up in the United Kingdom in 1998 and New Zealand in 2006. The United Kingdom website address was given. [27] On 22 February 2016, Immigration New Zealand wrote to Mr Singh (care of Mr Ryan) advising that his residence application had been accepted for processing. Some general information was set out in the letter. [28] On 13 April 2016, the immigration officer sent an email to “Peter” at BC International...

6. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

   ...mediation is suitable for your case. But it is up to you to decide whether the process is right for you. Talk is not always productive. You may want to ask yourself the following questions: ›› Do you have an important relationship that you wish to protect or improve (ie, with a neighbour)? ›› Do you know what the real issues and interests are? ›› Do you have enough knowledge to have some influence over the outcome of mediation? ›› Do you think enough goodwill exists to try and...

7. [2020] NZSSAA 4 (28 April 2020) [pdf, 224 KB]

   ...December 2012, when all practical arrangements were made, they left Singapore for New Zealand. In January 2013 they returned to Singapore to finalise arrangements such as the lease on their flat and say goodbye. They then attended pastoral care events and professional counselling in Geneva and a debriefing session in Perth. They had two family holidays on the Gold Coast and in Cambodia with their son. [43] When they visited their son in Cambodia he asked XXXX to assist wi...

8. [2020] NZEnvC 126 Beresford v Queenstown Lakes District Council [pdf, 334 KB]

   ...that it opposes the relief in the appeal for the following reasons: (a) The relief seeks to zone for development land which has important long term amenity values for the whole Wanaka community. (b) Sticky Forest has been zoned for the purpose of protecting the landscape values of Sticky Forest. Making any provision for residential development would make the zoning treatment of adjacent land incoherent and vulnerable to future change. (c) Residential development of Sticky Forest cou...

9. [2022] NZEnvC 043 Marine Farming Association Incorporated v Marlborough District Council [pdf, 5.3 MB]

   ...landscapes; rather, the use or development of natural and physical resources may be able to be undertaken in a way that the quality and significance of the values is not diminished. Alternatively, adverse effects may be able to be remedied through careful planning or remedial works. Policy 7.2.7 provides further guidance in this regard. The option of remedying adverse effects on landscape values does not apply to activities occurring within the coastal environment, as Policy 15 of the N...

10. Anderson v Lowe - Succession to Moera Anderson [2021] Chief Judge's MB 728 (2021 CJ 728) [pdf, 499 KB]

    ...the Act must be exercised, as far as possible, in a manner that facilitates and promotes the retention, use, development, and control of Māori land as taonga tuku iho by Māori owners, their whanau, their hapū, and their descendants, and that protects wahi tapu. Then s 17(1)(a) provides that in exercising its jurisdiction and powers under the Act, the primary objective of the Court shall be to promote and assist in the retention of Māori land and General land owned by Maori in t...