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1. BORA Social Assistance (Living Alone Payments) Amendment Bill [pdf, 355 KB]

   ...distinction analysis takes a purposive and untechnical approach to avoid artificially ruling out discrimination. [3] Once a distinction on prohibited grounds is identified, the question of whether disadvantage arises is a factual determination. [4] Clauses 5 and 18 The Bill provides for two different rates for single persons [5] receiving New Zealand superannuation or a veteran’s pension under, respectively, the NZS Act and the WP Act: • a single living alone rate of $373.56 a w...

2. Pace - Margaret Rose Karaka [2018] Chief Judge's MB 86 (2018 CJ 86) [pdf, 407 KB]

   ...Soon after our mother’s funeral we called a meeting at 75 Maybury Street, Glen Innes. We gave each of her children a copy of the Will to read. We asked if any of the named beneficiaries in the Will were affected by the provisions set out in clauses 5 and 6. Only one beneficiary disqualified themselves. Emily Pace did not. 13. During correspondence to the executors of the estate (29 June 2016), Emily Karaka made the following commentary: At the time of my mother’s death...

3. Oranga Tamariki Amendment Bill [pdf, 152 KB]

   ...affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. The right protects a number of values including personal privacy, dignity, and property.1 8. Clause 12 of the Bill inserts the warrantless search power, that is currently in s 105(2) and (3) of the principal Act, as new s 104(3)(c). New s 104(3)(c) provides that any constable or chief executive (acting through the chief executive’s d...

4. [2023] NZEmpC 73 E Tu Inc v New Zealand Steel Ltd [pdf, 173 KB]

   ...the Court on 20 January 2023. NZ Steel takes no issue with the filing in respect of the second determination but says E Tū is out of time to challenge the first determination. The dispute concerns cl 80.6.1 of the collective agreement [5] Clause 80.6.1 of the relevant collective agreement provides:4 Where an employee is requested to work outside his/her established or ordinary hours of work and as a result is unable to complete his/her ordinary hours of work, he/she shall b...

5. IT Ltd v HI Ltd [2023] NZDT 572 (29 November 2023) [pdf, 93 KB]

   ...was therefore no binding settlement regarding damages for the door, as no figure was agreed between the parties. CI0301_CIV_DCDT_Order Page 2 of 3 5. However, HI Ltd cannot set off any more for the door than the sum waived by IT Ltd, because clause 13 of the signed Terms of Business provides: “Under no circumstances will [IT Ltd] be liable to the Client for any direct or indirect loss or damage of any nature whatsoever to the Client caused by a Worker, whether deliberate or neg...

6. Nyman v Appleton - Succession to Felix Appleton [2018] Chief Judge's MB 31 (2018 CJ 31) [pdf, 341 KB]

   ...8. The applicant has produced a certified copy of the Will of the deceased dated 17 December 1997 where it names the Public Trustee as the executor and trustee and Vena Appleton as an advisory trustee. 9. In his Will the deceased had inserted a clause which is reproduced as set out below: 4.0 I give: (1) The interest which I own at my death in any Māori freehold land; and (2) The beneficial interest in land which forms part of any Māori Incorporation to be divided equal...

7. 2023-09-26-Evidence-of-Siiri-Wilkening-Noise.PDF [PDF, 255 KB]

   ...damage; iii. effects on public and worker health and safety of implementing the mitigation; iv. the effectiveness of options for mitigation; and vi. any construction programme implications of options for mitigation. [Re-number remaining clauses as necessary.] [37] Condition DNV1 sets out the construction noise limits. Buildings that are to be assessed in relation to construction noise should, by definition, be occupied. Noise is assessed in relation to its effects on p...

8. [2014] NZEmpC 100 George v Auckland Council ARC 12410 Auckland Council v George costs [pdf, 191 KB]

   ...in my substantive judgment. 2 The hearing in this Court was at first instance, Ms George having successfully applied for special leave to remove her claim to the Court. The Council’s claim against Ms George followed suit soon after. [3] Clause 19(1) of Sch 3 to the Employment Relations Act 2000 (the Act) confers a broad discretion as to costs. It provides that: The court in any proceedings may order any party to pay to any other party such costs and expenses ... as the cour...

9. Income Tax (Adjustment of Taxable Income Ranges) Amemdment Bill [pdf, 133 KB]

   ...freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). 2. The Bill amends the Income Tax Act (the Act) to require a review of income tax brackets every three years and adjust the brackets as necessary for inflation. 3. Clause 4 of the Bill inserts a new definition of specified dollar range into s YA 1 of the Act which defines what tax brackets will be reviewed and adjusted. This includes the taxable income, fringe benefit, and employer’s superannuation...

10. Carter v Tulip Holdings Ltd [pdf, 180 KB]

    ...amount as consequential loss. [62] I am satisfied that the claim for lost rental meets the test for remoteness and foreseeability and I uphold the claim to the full extent of $6,600.00. Interest [63] The owners claim interest under clause 15, Part 2 of the Schedule to the Act on various amounts paid to effect repairs and other consequential losses in accordance with certain schedules and calculations attached at Tabs 1 & 2 to their closing submissions. [64] An...