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1. Wiezoreck v McHugh [2013] NZIACDT 35 (4 June 2013) [pdf, 240 KB]

   ...supervising Ms McHugh. [41] The Minute noted it is not possible for a company to hold a licence, and the Code of Conduct makes it clear that it is necessary for a licensed immigration adviser to be identified, and hold written authority from a client (clause 2.1(h) of the Code). The Code does not leave open the possibility of a licensed immigration adviser providing professional services without personally holding a written record of their authority from the client. This is important, a...

2. Electoral (Integrity) Amendment Bill - 16 Nov 2017 Cabinet paper [pdf, 82 KB]

   ...year. Background 5 Between 2001 and 2005, the Electoral Act 1993 contained a mechanism enabling an MP’s seat to be declared vacant where they ceased to be a member of a political party. These provisions were subject to a termination (‘sunset’) clause and expired on 18 September 2005. A 2005 Bill to continue the provisions did not proceed past the select committee stage. The Electoral (Integrity) Amendment Act 2001 6 Following the first MMP election, a number of list and electorate MPs...

3. [2024] NZEnvC 219 Auckland Council [pdf, 353 KB]

   ...the AUP that should be remedied. [13] Having identified the defects in Schedule 14.1 and the AUP planning maps for the site, the Council considered the two options available to it to remedy the defects to the plan. Those options included using clause 20A of Schedule 1 of the Act or applying to the Environment Court under s 292 of the Act. Clause 20A of the Schedule 1 to RMA provides: A local authority may amend, without using the process in this schedule, an operative policy sta...

4. LC v NZ [2024] NZDT 342 (24 April 2024) [pdf, 128 KB]

   ...the central heating did not work shortly after settlement. LC seeks an order that NZ is liable to pay her $1,305.25, which is the costs LC incurred to get the central heating working. 2. The issues to be resolved are, has there been a breach of clause 7.3(1) of the agreement for sale and purchase and if so what damages are payable? Has there been a breach of clause 7.3(1) of the agreement for sale and purchase? 3. I find that it is most likely that the central heating was not wo...

5. LCRO 046/2018 HD v BK (18 February 2019) [pdf, 113 KB]

   ...schedules.1 It includes provision for separation,2 defines what separate property is, sets out their wishes in respect of intermingled property and property not specifically identified in the agreement,3 and provides mechanisms to resolve disagreement. Clause 1, which refers to separate property “at all times in the future”, says it is subject to clause 2, which is the clause that sets out what happens if the parties separate. It recorded that Mr HD and Ms M were to share the c...

6. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...fully argued, it is appropriate to give the parties an answer. Scope of employees’ contractual obligations [44] The plaintiff argues that the CEA has express and implied terms that makes its request lawful. I begin with the material express clauses of the CEA. [45] Clause 7 is about overtime. It sets rates of overtime payments and requires an employee to furnish particulars in writing of any overtime worked within 24 hours of the completion of the week’s service within which...

7. Ngati Porou Deed to Amend the Deed of Agreement 9 Aug 2017 [pdf, 8.8 MB]

   ...Ngati Porou. H. On 24 November 2004 the Foreshore and Seabed Act 2004 (the Act) was passed into law. Despite the RGnanga publicly expressing opposition to the Act, including in particular section 13(1), negotiations continued. I. On 30 September 2005 a statement of position and intent was signed by the Crown and the RGnanga. This document recorded the progress that had been made in the negotiations up to that date, the proposed content of a final deed of agreement between the parties and...

8. BORA Equal Pay Amendment Bill [pdf, 172 KB]

   ...including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 6. Clause 5 of the Bill introduces provisions to the Equal Pay Act compelling the disclosure of information. The Bill requires every employer to keep a record of the matters listed in s 130(1) of the Employment Relations Act (including gender) f...

9. [2011] NZEmpC 120 Bourne, Conrad, Turner and NZ Merchant Service Guild Industrial Union of Workers Inc v Real Journeys Ltd [pdf, 305 KB]

   ...that. [24] Following extensive discussion with counsel in the course of the hearing, the best summary I can make of the claims the plaintiffs seek to have decided by the Court is: (a) A claim by all four plaintiffs that the defendant breached clause 15.2 of the applicable collective agreement by adopting redundancy selection criteria other than the ability of the candidates to ―perform tasks to the standards required‖. (b) In the context of personal grievances by the first t...

10. Cheema v Lepcha [2011] NZIACDT 16 (20 June 2011) [pdf, 89 KB]

    ...DECISION REPRESENTATION: Complainant In person Adviser In person Date Issued: 20 th June 2011 2 Decision The Referral [1] This matter was referred to the Tribunal pursuant to section 45 of the Immigration Advisers Licensing Act 2007 (the Act) by the Registrar of the Immigration Advisers Authority. The principal ground of the complaint was the Adviser was dishonest and misled the Complainant. [2] The facts supporting the comp