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1. BORA Contract and Commercial Law Bill [pdf, 146 KB]

   ...person differentiated against.1 10. The authorities make clear that a broad and purposive approach is to be adopted. 2 Once a distinction on a prohibited ground is identified, the question of whether a disadvantage arises is a factual one.3 11. Clause 86 of the Bill (which re-enacts s 6(1) of the Minors’ Contracts Act 1969) provides that every contract entered into by a minor is unenforceable against the minor but otherwise has effect as if the minor was of full age. “Minor”...

2. [2013] NZEmpC 191 Ohms v Vice-Chancellor Auckland University of Technology [pdf, 153 KB]

   ...Professor B where the collective agreement sets the range of salary to be paid to the class of Professors or where the Professor B is paid more than the highest salary specified in the salary range? Fourth Question Can the Employer invoke clause 3.3.3 (a) when the medical practitioner for the Employee has stated that the Employee is fit for work in circumstances where the Collective Agreement states: 3.3.3. (a) If as a result of physical or mental incapacity the Employee is...

3. MAG-Final-report-on-workstream-1.pdf [pdf, 622 KB]

   ...land rather than coming under the New Zealand Bill of Rights Act 1990 (NZBORA). This decision predates the Supreme Court and there is potential that wholly private conduct may not include a private citizen arresting another. To remove ambiguity, clause 4 explicitly provides that the Parliament, though express words, intends this Bill to be inconsistent with NZBORA. This ensures that a specific class of persons, or group, such as security guards, who are separately regulated do no...

4. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   VMR v CIVIL AVIATION AUTHORITY [2022] NZEmpC 5 [24 January 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2022] NZEmpC 5 EMPC 386/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN VMR First Plaintiff AND KRR Second Plaintiff AND WEN Third Plaintiff AND XDD Fourth Plaintiff AND CIVIL AVIATION AU

5. Burns - Maurice Hikana Nutira (2016) 41 Te Waipounamu MB 21 (41 TWP 21) [pdf, 179 KB]

   41 Te Waipounamu MB 21 IN THE MĀORI LAND COURT OF NEW ZEALAND TE WAIPOUNAMU DISTRICT A20150006700 UNDER Section 117, of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Maurice Hikana Nutira also known as Maurice Te Morehu - Succession BETWEEN JUDITH ANNE BURNS Applicant Hearing: 38 Te Waipounamu MB 152-167 dated 8 July 2016 (Heard at Christchurch) Judgment: 7 November 2016 RESERVED JUDGMENT OF JUDGE M J DOOGAN 41 Te Wai

6. BORA Environment Canterbury (Transitional Governance Arrangements) Bill [pdf, 287 KB]

   ...response to concerns about its ability to carry out functions relating to freshwater management in the region. The Bill establishes new governance arrangements for ECan for the 2016 – 2019 local authority election cycle. The Bill contains an expiry clause, and will be repealed in 2019 unless an Order in Council is made to extend the lifespan of certain provisions relating to resource management procedure. 6. The Bill: a. establishes a new ECan governing body comprising seven members...

7. LX v HO Limited [2019] NZDT 1428 (19 June 2019) [pdf, 113 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1428 APPLICANT LX RESPONDENT HO Limited For: SC The Tribunal orders: 1. HO Limited is to pay to LX the sum of $1,844.50 on or before Friday, 12 July 2019. Reasons 1. From approximately 2010, HO Limited (the company) used transmitting equipment installed at a trig station on land owned by LX. 2. In September 2018, the parties entered into a Land Use Agr

8. TT v HQ and KG [2020] NZDT 1700 (11 March 2020) [pdf, 220 KB]

   ...to decide: (a) if a building consent was obtained for the erection of the original deck; (b) whether any consent was required for the deck upgrade/repair works carried out by the Trust; (c) if the Trust is in breach of the warranty given under clause 6.2(5) of the agreement for sale and purchase; (d) if the Trust is liable to pay the amount claimed by TT; and (e) if TT is liable to pay the amount claimed by the Trust. CI0301_CIV_DCDT_Order Page 2 of 4 [6] The applicable...

9. 20240531-Local-Government-Water-Services-Preliminary-Arrangements-Bill.pdf [pdf, 285 KB]

   ...advice. 3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 14 (freedom of expression) and s 25(c) (right to be presumed innocent until proven guilty). Our analysis is set out below. The Bill 4. The purpose of the Bill is to establish preliminary arrangements for the shift to a new water services delivery framework that reinsta...

10. [2020] NZEmpC 88 123 Casino Ltd t/a 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 266 KB]

    ...relationship is a casual “as required” employment relationship. [16] The balance of cl 3 stated that the employer agreed to provide reasonable notice about when Ms Zuo would be requested to work and the duration of that work. Despite this clause, the agreement was described as continuing in force until it was terminated by either party in accordance with its terms. [17] Casual employment was mentioned again in cl 6.1, dealing with the hours of work. It provided that, becau...