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1. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...collective agreement dated 2017 – 2020. It is convenient to set them out at this point. [6] The functions undertaken by cargo handlers are described as varied but include the driving and operation of mechanical equipment, including cranes.2 [7] Clause 1.5 provides: The intent of this Agreement is to afford to each employee the same terms of employment, conditions of work and opportunities for training, promotion and transfer as are made available for other employees of the...

2. [2025] NZEmpC 136 Tighe-Umbers v Jetconnect Limited [pdf, 223 KB]

   ...that three clear months’ notice is required unless the CEA provides otherwise. He acknowledges that a “month” is not defined in the CEA, but states that it is used numerous times throughout the CEA. He then observes that there is only one clause in the CEA which refers to a “calendar month”5 and one other clause that refers to “twelve weeks”.6 He submits that those two clauses can be set apart because the language is intentional and intended to give the advantage of t...

3. DN v VM [2016] NZDT 971 (19 October 2016) [pdf, 21 KB]

   ...Date of Order: 19 October 2016 Referee: Referee Brown ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is dismissed. Facts [1] DN purchased a residential property from VM at an auction in December 2015. DN took possession on 5 February 2016. In May 2016 when the weather became cooler, DN tried to turn on the Bon-Air Vulcan ducted gas heating system and found it would not work properly. [2] DN claims $9,731.32 calculated as $468.99 f...

4. BORA Ethical Investment (Crown Financial Institutions) Bill [pdf, 292 KB]

   ...the Bill of Rights Act. In reaching that conclusion, we have considered a potential issue of inconsistency with s 14 of that Act (right to freedom of expression). Purpose of the Bill 3. The Bill amends the Government Superannuation Fund Act 1956, the New Zealand Superannuation and Retirement Income Act 2001 and the Accident Compensation Act 2001. The purpose of the Bill is to provide a framework for socially responsible investment and accountability of investment decisions among the...

5. [2018] NZEnvC 230 South Waikato District Council [pdf, 114 KB]

   ...The Court issued a Minute on 5 October 2018 in response to the notice of withdrawal, setting out the Court's concerns that the Council was not in a position where it could withdraw the proceedings. [4] The Court's concerns were based on Clause 6 of Schedule 10 to the Local Government Act 1974, which sets out the scope of the Court's power in road stopping proceedings. Clause 6 requires the Court to confirm, modify or reverse the decision of Council. [5] In decision...

6. QI v PH & DN [2021] NZDT 1300 (10 February 2021) [pdf, 227 KB]

   ...there being no term in the Lease preventing the erection of such a fence, I find that PH and DN are entitled to have a fence between the exclusive area and the common area of the property. Are PH and DN entitled to park in the common area? 14. Clause 11 of the lease states: “The lessee … shall quietly hold and enjoy the flat without any interruption by the lessors or any person claiming under them together with the use in common with the other lessees of flats in the said build...

7. 20230413-Dairy-Industry-Restructuring-Fonterra-Capital-Restructuring-Amendment-Bill.pdf [pdf, 194 KB]

   ...consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with section 14 (freedom of expression), section 19 (freedom from discrimination) and section 25(c) (right to be presumed innocent until proven guilty). Our analysis is set out below. The Bill 4. In 2001, the Government passed the Dairy Industry Restructuring Act 2001 (the principal Act) to enable the formation of Fonterra, known as t...

8. [2021] NZEmpC 138 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 378 KB]

   ...within the confines of s 161(1)(f) which deals with whether good faith obligations “have been” complied with, by the time of the hearing of the removed matter, the subsection plainly applied. [40] Had that not been the case, the catch-all clause, s 161(1)(v) relating to “all other matters”, would have applied.10 The interpretation issues raised are properly described as being part of an employment relationship problem, arising from the particular employment relationship w...

9. ES & TS v HT & KT [2024] NZDT 257 (2 April 2024) [pdf, 188 KB]

   ...agreement for the sale of ES and TS’s home at [address] to HT and KT. The sale was due to settle on Friday 3 November 2023. HT and KT were unable to settle on that day and the sale settled on Monday 7 November 2023. ES and TS claim $5392.38 under clause 5.12 and clause 11.0 of the agreement. a. HT and KT do not dispute that settlement did not occur on 3 November because their purchaser did not settle. HT and KT dispute the amount claimed is reasonable because ES and TS had other opt...

10. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

    ...parties the opportunity to consider their positions and provide submissions and further proof if they wish. 5 The issues to be determined [32] The Minute identified the relevant professional standards identified as follows. [33] Clause 1 of the Code of Conduct requires: [33.1] A licensed immigration adviser to act with professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate; and presented to the client honest...