Search Results

1. [2016] NZSSAA 037 (16 May 2016) [pdf, 22 KB]

   ...meet the particular immediate needs of the beneficiary for an essential item or service. In exercising this discretion, the Chief Executive is required to have regard to the Ministerial Direction relating to the advance payment of benefit. [13] Clause 2.2 of the Ministerial Direction requires that the Chief Executive have regard to a number of matters in determining whether or not there is an immediate need for an essential item or service. This includes: the effect on the beneficiary i...

2. BORA Child Poverty Reduction Bill [pdf, 198 KB]

   ...differently on one or more of the prohibited grounds of discrimination. Whether disadvantage arises is a factual determination.2 9. Section 21(1)(i) of the Human Rights Act prohibits discrimination on the basis of age for persons over the age of 16. Clause 5 of the Bill defines ‘child’ as a person who is under the age of 18. This distinction arguably disadvantages those aged 18 years and over vis- à-vis 16 and 17 year olds, as the Bill is not aimed at reducing poverty in relation...

3. [2019] NZEnvC 135 Horticulture New Zealand v Opotiki District Council [pdf, 185 KB]

   IN THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: IN THE MATTER IN THE MATTER BETWEEN AND Decision [2019] NZEnvC 135 of the Resource Management Act 1991 of an appeal under clause 14( 1) of the First Schedule to the Act HORTICULTURE NEW ZEALAND ENV-2018-AKL-000112 Appellant OPOTIKI DISTRICT COUNCIL Respondent Environment Judge M J L Dickey sitting alone under s 279 of the Act Date of Decision: 8 August 2019 8 August 2019 Date of Issue: [A]...

4. Harcourts Group Limited v CAC306 & Anor [2015] NZREADT 7 [pdf, 72 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 7 READT 033/14 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN HARCOURTS GROUP LIMITED Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC306) First respondent AND DAVID GRAVES Second respondent MEMBERS OF TRIBUNAL Ms K Davenport QC – Chairperson Mr J Gaukrodger – Member Ms N Dangen – Member HEARD at AUCKLAND on 30 October 20

5. 2017 NZSSAA 032 (30 June 2017) [pdf, 86 KB]

   ...conception of undertaking work in the voluntary sector leading to him receiving money came within this category under the EWRAP, or it did not qualify. [5] Mr XXXX did not address the details of the provisions. In our view, there are other clauses that are potentially relevant in the content of the EWRAP programme. The programme in issue is established and promulgated 3 under section 124(1)(d) of the Social Security Act 1964, and the document specifying the terms is da...

6. AAT and AAU as Trustees of LM Trust v ZZH [2010] NZDT 17 (24 August 2010) [pdf, 95 KB]

   ...Referee: Referee Robertshawe ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the Applicants’ claim be dismissed. Facts [1] On 1 September 2003, AAT and others, as trustees of the LM Trust, leased a 250 ha farm property at [a town] to the PM Trust Partnership. [2] Two professional trustees, PO and AT, were named as lessee. ZZH was in fact the person undertaking the day-to-day management of the farm under the lease, and guaranteed t...

7. [2015] NZEmpC 142 First Union Inc v Jacks Hardware & Timber Ltd preliminary [pdf, 183 KB]

   ...matters. We believe that we have responded to all other matters. There is nothing "untouched", The roadblocks that we have identified are part of a cumulative agreement. Although we have reached agreement, in theory, on some potential clauses there are still many clauses that have not been agreed - and this is in spite of a considerable investment of time and effort.  As I've mentioned, we have also considered whether further mediation will assist us with resolvi...

8. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2021] NZLCRO 056 Ref: LCRO 53/2020 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of [Area] Standards Committee [X] BETWEEN YJ Applicant AND GK Respondent The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr YJ has applied for a re

9. [2024] NZEmp 56 KiwiRail Ltd v Rail & Maritime Transport Union Inc [pdf, 303 KB]

   ...agreement [20] Work parameters are provided for in cl 23.3 of the collective agreement, which sets out the maximum work period, required rest periods and the number of consecutive days of work before an employee must be off duty. A table in the clause recognises a desired maximum work period of 12 hours per day with an absolute maximum of 14 hours (with listed exceptions). [21] Clause 23.4 deals with planned days and hours. It provides that the normal practice will be to keep...

10. Pene-Stevens - Puhatikotiko 2C2B2 and 2D (2014) 41 Tairawhiti MB 219 (41 TRW 219) [pdf, 184 KB]

    ...appointment of that individual or body would be broadly acceptable to the beneficiaries. [8] The trust order for this trust is an old one as the trust was constituted by the Māori Land Court on 18 September 1987 at 129 Gisborne MB 199-201. By Clause 7 of the trust order the trustees are obliged to call Annual General Meetings (AGM). By Clause 7(c) each trustee appointed at such meetings are to hold office for three years and then resign and offer themselves for re-election at the...