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1. Murphy v REAA & Posa [2012] NZREADT 11 [pdf, 102 KB]

   ...sole agency to sell the property. 2 [2] The Tribunal heard from Donna Marie Morris an agent with the Professionals. She said that she had the listing agreement signed by Mrs Hollands and that she took Mrs Hollands through all of the clauses and her initial Clause 10. She confirmed that her husband agreed to a sale and provided her with a brochure on the sale process. She advised her about the nature of a sole agency. Ms Morris erected signs outside the property showing...

2. Bisschoff v Yerman [2016] NZIACDT 44 (30 August 2016) [pdf, 127 KB]

   ...Issued: 30 August 2016 2 DECISION The complaint [1] The Tribunal upheld this complaint in a decision dated 11 December 2015, Bisschoff v Yerman [2015] NZIACDT 101 (www.justice.govt.nz). The Tribunal found: [1.1] Ms Yerman breached Clause 2.1(b) of the 2010 Code, as she failed to conduct her practice in accordance with the Act, by allowing an unlicensed person to provide immigration advice. She accordingly failed to comply with her obligation in Clause 3 of the 2010 C...

3. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...rate of work. [36] Those acts must be due to “a combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by the employees.” 8 [37] Mr Chemis submitted that the term “coverage clause” in the expired collective agreement, is defined in s 5 of the Act as a provision in a collective

4. Waitangi Tribunal - Te Ture Whenua pre-publication [pdf, 2.9 MB]

   .... . 2 1.3 The events leading to the urgent inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.4 The exposure draft of Te Ture Whenua Māori Bill . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.4.1 A changed role for the Māori Land Court . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.4.2 The participating owners model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.4.3 The ma...

5. X v Secretary for Justice [2023] NZRA 002 (26 April 2023) [pdf, 242 KB]

   ...substantial and active involvement in at least 4 approval level 3 or 4 criminal proceedings where at least 1 of those proceedings is an approval level 4 criminal proceeding. [3] An “approval level 4 criminal proceeding” is defined as follows in clause 1 of the Schedule: approval level 4 criminal proceedings means any proceeding where the person charged— (a) is charged with— (i) an offence listed in Schedule 1 of the Criminal Procedure Act 2011; or (ii) any offence not li...

6. BORA Domestic Violence Reform Bill [pdf, 196 KB]

   ...with the New Zealand Bill of Rights Act 1990 ("Bill of Rights Act"). Certain provisions of the Bill raise or may appear to raise issues under that Act but do not give rise to any inconsistency. Differential treatment of young people 2. Clauses 5(1)-(3), 8, 31 and 38 (new s 124D) give rise to different treatment of people aged 16 or 17 from older people: in particular, 16 and 17-year olds cannot be the subject of prohibitive orders. As such, these provisions may appear to raise...

7. Water Services Regulator Bill Advice [pdf, 102 KB]

   ...more classes of individuals? 8. A distinction will arise if the legislation treats two comparable groups of people differently on one or more of the prohibited grounds of discrimination. Whether disadvantage arises is a factual determination.2 9. Clause 14 of the Bill provides for the establishment of a Māori advisory group to advise the water services regulator on Māori interests and knowledge as they relate to the objectives, functions and operating principles of the regulator (clau...

8. Financial Markets Infrastructure Bill Advice [pdf, 120 KB]

   ...8. As is common with regulatory bills, the Bill contains a significant number of provisions that compel the provision of information, which prima facie engage the right to freedom of expression under s 14 of the Bill of Rights Act. For example, clause 14 of the Bill gives the regulator the power to require an operator or participant in an FMI to provide any information that the regulator reasonably requires to carry out its functions. Clause 15 makes it an offence to fail to provide thi...

9. BORA Consumers' Right to Know (Country of Origin of Food) Bill [pdf, 207 KB]

   ...This includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 5. The Bill contains a number of clauses which compel the provision of specific information. Clauses 6 and 7 require all packaged and unpackaged single component foods on sale in New Zealand to have a statement that identifies the country of origi...

10. BORA Health (Drinking Water) Amendment Bill [pdf, 190 KB]

    ...inspecting records, documents and information. These powers overlap with those granted to designated officers under s 128, and we understand this has caused some confusion among people performing official functions under Part 2A of the principal Act. Clause 10 of the Bill therefore amends s 69ZP to clarify the powers of entry and inspection in that section. 8. In assessing whether the search and seizure powers in clause 10 of the Bill are reasonable, we have considered the importance of...