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1. Equal Pay Amendment Bill [pdf, 303 KB]

   ...raised, but it will need to meet the amended requirements; g. discontinuing any proceedings relating to pay equity claims that have not yet been determined. Consistency of the Bill with the Bill of Rights Act Section 19 - Freedom from discrimination 5. Section 19( 1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). Discrimination requires that:1 a. there is a differential treatment o...

2. Federated Farmers of New Zealand.pdf [pdf, 582 KB]

   ...A N D WAIKATO REGIONAL COUNCIL Respondent NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 29 September 2020 169 London Street PO Box 447 Hamilton Telephone: 07 858 0815 Email: ljeffries@fedfarm.org.nz Solicitor acting: Nikki Edwards / Laura Jeffries To: The Registrar Environment Court Auckland Federated Farmers of New Zealand Inc (“Federated Farmers”) wishes to be a party to the followi

3. [2022] NZEmpC 167 Halse v Employment Relations Authority [pdf, 331 KB]

   ...agreement provided that the Trust would make a contribution to the employee’s costs of representation of a stipulated amount on receiving a GST invoice from Mr Halse.4 [8] The settlement terms were conventional except in one way. A commonly used clause committing the Trust and its former employee to not disparage each other was extended to encompass Mr Halse. It read:5 8. Neither party, nor their representatives, shall make disparaging or negative remarks about the other. A...

4. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Powers of entry and examination – search and seizure without a warrant Clause 17 of the Bill inserts Subpart 2A into the Trade Marks Act. Clause 31 of the Bill inserts Subpart 6A into the Copyright Act. Both Subparts are identical and govern the powers and duties of enforcement officers to gather information and...

5. GA v R Ltd [2024] NZDT 103 (21 February 2024) [pdf, 179 KB]

   ...was in the normal dry range. This further supports HY’s evidence that he only provides photographs for moisture meter reading when there is an indication of a problem, not when the condition is acceptable. (g) In respect to NZS 4303:2005, Clause 2.3 sets out in detail what must be inspected including such things as cladding weathertightness and clearances, balcony flashings and waterproofing CI0301_CIV_DCDT_Order Page 3 of 4 membranes, exterior windows and door flashings sets...

6. N Ltd v SH [2023] NZDT 295 (24 May 2023) [pdf, 126 KB]

   ...move, that if there was any damage done it would be impossible to prove it was N Ltd’s movers as opposed to SH and/or his friend who caused the damage. 14. N Ltd’s terms and conditions, which SH signed prior to the move, clearly state at clause 1.1 that ‘carriage / transportation & incidental services’ are ‘strictly on “owner’s risk” basis’. This is further defined in clause 2.1 of the terms as meaning the ‘kind of contract as under the Contract and Comme...

7. BORA Telecommunications (New Regulatory Framework) Amendment Bill [pdf, 175 KB]

   ...fixed line access service regulation c. streamline regulatory processes to enable a rapid response to any competition problems, particularly in the mobile communications market, and d. provide more regulatory oversight of retail service quality. 5. This new regulatory framework has been designed following a statutory review under section 157AA of the principal Act. It is based on utility regulation in Part 4 of the Commerce Act 1986 and includes two types of regulation: price-quality...

8. 2017 NZSSAA 024 (6 June 2017) [pdf, 107 KB]

   ...housing register. The way in which housing eligibility is to be assessed is provided in the Ministerial Direction on Eligibility for Social Housing (“the Direction”), made pursuant to s 102(2) of the HRTMA, and in operational guidelines. Clause 4 of the direction provides that, among other criteria, for a person to be eligible for social housing they must have a housing need of a kind set out in clause 7 of the Direction. Clause 7 of the Direction provides that a person must h...

9. Ram v Tan [2016] NZIACDT 39 (9 August 2016) [pdf, 207 KB]

   ...44(2) of the Act. [12] In addition, Mr Tan breached the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) in that he: [12.1] failed to obtain informed instructions, and perform his services with due diligence and professionalism: clauses 1.1(a) and (b); [12.2] failed to ensure the client relationship was initiated in accordance with the 2010 Code, including failing to take personal responsibility for ensuring that the written agreement, Code of Conduct and complaints...

10. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

    ...natural justice and discrimination. 15 Samuels v Employment Relations Authority [2018] NZEmpC 138, [2018] ERNZ 406. Ms McKechnie, counsel for the Attorney-General, says that the Court’s findings in Samuels were wrong. Ouster clauses approached with caution [47] The modern approach of Courts to treating ouster clauses with caution was led by the House of Lords in Anisminic Ltd v Foreign Compensation Commission.16 In that case, it was held that the decision made by...