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1. IB v QY LCRO 242 / 2010 (10 February 2012) [pdf, 86 KB]

   ...in the firm was involved in the final form of agreement or its signing. [3] The Agreement provided for the eventuality of a member leaving the company either voluntarily or compulsorily (due to default by the Shareholder), or by death. By clause 17, the Agreement provided for the valuation, acquisition 2 and transfer of the share of the departing partner. The Agreement also provided that the value of the shares of a member who left the partnership due to a default event...

2. [2006] NZEmpC 61A/06 NZ Tramways and Public Passenger Transport Employees Union & Anor v Transport Auckland and Cityline (NZ) Ltd [pdf, 71 KB]

   ...Court. The Employment Relations Authority determination [6] We have also been informed that the Authority was not provided with the full terms of the cea but made its determination only on extracts. The Authority determined that the relevant clauses in the cea were clear on their face. They provided all employees covered by the cea with an annual leave entitlement of 4 weeks and this complied with the changes that would come into effect on 1 April 2007. It found that the wordi...

3. BORA Business Law Reform Bill [pdf, 392 KB]

   Business Law Reform Bill 12 June 2006 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BUSINESS LAW REFORM BILL 1. We have considered whether the Business Law Reform Bill (PCO 6852/12) (the "Bill") is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on 15 June 2006. 2. Our view is

4. BORA Fire and Emergency New Zealand Bill [pdf, 346 KB]

   ...movement, s 19 the right to freedom from discrimination and s 21 the right to be free from unreasonable search and seizure. Our analysis is set out below. The Bill 4. The Bill repeals the two current Acts governing fire services, the Fire Service Act 1975 and the Forest and Rural Fires Act 1977, to give effect to a single, unified fire services organisation for New Zealand, called Fire and Emergency New Zealand (FENZ). The Bill introduces a range of measures for the detailed design and...

5. 2023-09-04-O2NL-Conditions-Mediation-Version-tracked.pdf [pdf, 2.1 MB]

   ...i) installation of permanent road furniture and ancillary works. Construction footprint The area in the Project Area within which construction activities occur. Contaminated land For the purpose of Condition RSW1, a piece of land described in subclause (7) or (8) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011. District Council Horowhenua District Council and/or Kāpiti Coast District C...

6. Graves v CAC 20003 & Langdon [2012] NZREADT 66 [pdf, 62 KB]

   ...of the agreement were “vendor friendly” and were “printed in plain English in large print”. He emphasised that Borders went to “extreme lengths” to ensure that clients understand what they are signing and “box (for emphasis) certain clauses to draw the vendor’s attention”. He referred also to the cool-down period which vendors have to consider the agreement and their ability to refer it to a third party before committing to it. The Committee’s Decision [6] Af...

7. Tangitau v Hakaoro [2015] NZIACDT 27 (17 March 2015) [pdf, 85 KB]

   ...the appeal with the Immigration and Protection Tribunal was still current. He did not inform the complainant. 3 [6] The Registrar identified potential infringements of professional standards. They were: [6.1] That Mr Hakaoro breached clauses 1.5(a), (b), and (d) and also 8(d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The factual circumstances being: [6.1.1] Mr Hakaoro did not have a written agreement for the work he performed. [6.1.2] He...

8. NB v NF Ltd [2022] NZDT 143 (11 August 2022) [pdf, 135 KB]

   ...a contract with NF Ltd for a wedding reception to be held for her brother’s wedding on 26 September 2021. The booking was for 250 guests with a stated guest minimum of 200. NB paid a deposit for the booking of $3,000.00. The contract included a clause that all payments are non- refundable. It also included the following clause under the heading “Government Enforced Lockdown”: “Should the scheduled function date fall within a period of government enforced lockdown (level 2, 3 and...

9. Reserve Bank of New Zealand Bill [pdf, 137 KB]

   ...currency. In addition, clause 161 allows the Bank to require an operator of a bank note handling machine (such as an ATM) to test the machine and provide a report as to whether it meets the standards for bank note handling machines. We consider that these clauses engage the right to be free from unreasonable search and seizure. 17. However, we consider that these powers are minimal and justified in supporting the objective of ensuring the integrity of New Zealand’s currency. Allowing f...

10. Brown v Accident Compensation Corporation (Claim for Weekly Compensation) [2023] NZACC 56 [pdf, 195 KB]

    ...employee from the calculation. (4) If the claimant's weekly earnings are calculated under subclause (2) with the inclusion of their earnings as an employee, the claimant is not also eligible to have his or her weekly earnings calculated under clauses 33 to 36. 10 (5) If a claimant's weekly earnings as a shareholder employee are calculated under subclause (2), the same earnings cannot be used as earnings as an employee for the purposes of clauses 33 to 36. [35] Pur...