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1. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

   AFFCO NEW ZEALAND LIMITED V THE NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED WN WC 12/06 13 July 2006 IN THE EMPLOYMENT COURT WELLINGTON WC 12/06 WRC 34/05 IN THE MATTER OF of a challenge to a determination of the Employment Relations Authority BETWEEN AFFCO NEW ZEALAND LIMITED Plaintiff AND THE NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED Defendant Hearing: 14 and 15 February 2006 (Heard at Wanganui) Appearances: G Po

2. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...by fax. At one stage a fresh front page was used as the agreement had been redrawn so many times. It repeated that the sale was by the respondent and provided for the charges to the vendor. Mr Nightingale did not strike out the charges to vendor clause in the second form. The agreement for sale and purchase was finally concluded by an exchange of faxes on 27 February. [7] Included on the front page of the standard form of agreement used was the following clause: ‘It is agree...

3. [2007] NZEmpC AC 13/07 Red Beach School Board of Trustees & Ors v New Zealand Education Institute (Inc) [pdf, 135 KB]

   RED BEACH SCHOOL BOT & ANOR V NZEI (INC) AK AC 13/07 20 March 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 13/07 ARC 115/05 IN THE MATTER OF de novo challenge to a determination of the Employment Relations Authority BETWEEN THE RED BEACH SCHOOL BOARD OF TRUSTEES First Plaintiff AND THE ATTORNEY-GENERAL IN RESPECT OF THE SECRETARY FOR EDUCATION Second Plaintiff AND THE NEW ZEALAND EDUCATION INSTITUTE (INC) Defendant Hearing: 26, 27 and 29 J

4. Recommendations recap - issue 9 [pdf, 865 KB]

   ...Transport (Driver Licensing) Rule 1999 The Land Transport (Driver Licensing) Rule 1999 sets out the licensing requirements of overseas drivers. These requirements were further enhanced when the Driver Licensing Amendment Rule 2006 came into force. Clause 88 of the Land Transport (Driver Licensing) Rule 1999 provides that a person who arrives in New Zealand is deemed to hold a New Zealand driver licence of a class that entitles him or her to drive a vehicle that he or she is entitled...

5. Waikato Bay of Plenty Standards Committee 2 v Mr G [2023] NZLCDT 37 (23 August 2023) [pdf, 100 KB]

   ...it should not be allowed to revisit that strategic call. Mr Collins submits that procedural fairness requires that both counsel should have equal opportunity to review the documents. 1 X v Y Standards Committee [2023] NZHC 1446. 3 [5] The issues I consider, are: • Is the summons procedure ultra vires in this case? • Is pragmatic modification of the summons procedure ultra vires? • What is the nature of these proceedings? • Is the Standards Committee estopped...

6. Residential Tenancies Amendment Bill [pdf, 121 KB]

   ...offences 15. Section 25(c) of the Bill of Rights Act affirms that everyone who is charged with an offence has, in relation to the determination of the charge, the right to be presumed innocent until proved guilty according to the law. 16. A number of clauses in the Bill provide that a landlord’s failure to comply with their existing and proposed obligations under the Act amounts to an infringement offence under a new infringement offence regime to be inserted by clause 66. The infrin...

7. Cottrell - Wharerangi 9 and 10 Blocks (2021) 91 Takitimu MB 85 (91 TKT 85) [pdf, 221 KB]

   ...charter required a majority of 75 percent of trust beneficiaries to agree to any change to the charter and that he was confident that such support had been achieved at the previous meetings of trust beneficiaries. Kōrerorero Discussion [12] Clause 5 is relevant, and it provides: 5. The marae shall have seven (7) Trustees at any given time. 5.1 A quorum of five (5) Trustees shall be required at every Trustees’ meeting. 5.2 If a meeting of Trustees takes place...

8. Li v The Real Estate Agents Authority NZREADT 10 [pdf, 346 KB]

   ...evidence) ____________________________________________________________________ [1] The complaint which is the basis of the appeal in this case concerns the alleged failure by a licensed real estate agent Mr Huang to insert a building report clause into an agreement for sale and purchase of the property situated at Rothesay Bay, Auckland. In short, the complainant, Ms Li, alleges that Ms Huang breached the obligations that she owed to her as a purchaser under the agreement for...

9. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...(fair wear and tear excepted) but failure to do so shall only create a right of compensation.” 11. So a question before me is whether the leak resulting from the shower use represents a failure of a plant, equipment, system or device under this clause. 12. To consider this point I looked at the case of Reid v Taylor1 where Associate Judge Paulsen considered whether cl7.3(1) applied sewer and storm water systems on the property. While he did not definitively say the clause did no...

10. [2023] NZEnvC 059 Balmoral Developments (Outram) Limited v Dunedin City Council [pdf, 375 KB]

    BALMORAL DEVELOPMENTS LTD & ORS v DCC – 2GP IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 59 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act in relation to the proposed Second Generation Dunedin City District Plan BETWEEN BALMORAL DEVELOPMENTS (OUTRAM) LIMITED (ENV-2018-CHC-265) AND BLUE GRASS LIMITED, SADDLE VIEWS ESTATE LIMITED & K J...