Search Results

1. [2015] NZEmpC 199 Ganley v PB Sea-Tow (NZ) Limited [pdf, 141 KB]

   ...it ought to have been based on the rate of pay he was receiving immediately prior to being issued with notice of redundancy. [3] It was common ground that resolution of the quantification issue hinges on the correct interpretation of relevant clauses in the collective agreement. The collective agreement [4] The collective agreement provided that: COVERAGE OF AGREEMENT This Agreement shall cover wage paid employees employed onboard vessels owned or operated by the Company...

2. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

   ...affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with section 14 (freedom of expression), section 17 (freedom of association), section 19(1) (freedom from discrimination), and section 25(c) (right to be presumed innocent until proven guilty). Our analysis is set out below. The Bill 3. The Bill amends the Friendly Societies and Credit Unions Act 1982 (‘the Act’), to improve the regulatory regime for credit unions. To do...

3. 2020-10-09-ORC-PC7-s-149G3-Key-Issues-Report-Appendices.pdf [pdf, 6.2 MB]

   Key Issues Report Plan Change 7 to the Regional Plan: Water for Otago (Water Permits Plan Change) Appendices Appendix A: Minster’s direction matter to be called in to the environment court Appendix B: Letter from EPA commissioning the report Appendix C: Minister’s letter in response to the Skelton report Appendix D: Skelton report Appendix E: ORC’s letter in responding to the Minister with work programme Appendix F: Relevant sections of the Regional Plan: Water for Otago

4. 21032025-Employment-Relations-Collective-Agreements-in-Triangular-Relationships-Amendment-Bill.pdf [pdf, 203 KB]

   ...organisation. 3. This Bill is similar in scope and application to the Employment Relations (Triangular Employment) Amendment Bill. We provided advice on that Bill on 13 February 2018 and have reached the same conclusions in this advice. 4. Clause 4 of the Bill inserts a new section 56(4) into the principal Act, which adds a new category of eligible employee that is bound by and can enforce a collective agreement. The new category is employees who carry out work for a controlling th...

5. AC v AAA LCRO 83 / 2010 (26 January 2011) [pdf, 123 KB]

   ...an increase in rental. [32] The Applicants consider that the Respondents should have prevented, or not agreed to, the landlord using this second valuation to support the increase. [33] The rent review provisions of the lease are contained in Clause 2 and are prescriptive in nature. [34] Clause 2 sets out the process to object to any proposed rent increase. If that process is not followed, the rental sought by the landlord becomes the rental payable. The ultimate recourse for...

6. Edwards - Aramiro and Section 1 Survey Office Plan 61863 (2023) 254 Waikato Maniapoto MB 86 (254 WMN 86) [pdf, 522 KB]

   254 Waikato Maniapoto MB 86 I TE KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O WAIKATO MANIAPOTO In the Māori Land Court of New Zealand Waikato Maniapoto District A20230003907 AP-20230000026530 WĀHANGA Under Section 24, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Aramiro and Section 1 Survey Office Plan 61863 I WAENGA I A Between LENA EDWARDS, NICOLA GILMOURE, MELISSA KING-HOWELL AND MICHELLE TAI-RAKENA AS TRUSTEES OF THE

7. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...a member of the preferred class of alienee if the lease is in the best interests of the owners as a whole. The trustees powers to lease in terms of the Trust Order. 19) The trustees powers to lease as set out in their trust order as follows: Clause 2 "Except as herein after may be limited the objects of the trust shall be to Provide for the use, management and alienation of the land to best advantage to the beneficial owners or the better habitation or the use by the benefici...

8. Tito v Tito - Mangakahia 2B2 No 2A1A Ahu Whenua Trust (2017) 146 Taitokerau MB 135 (146 TTK 135) [pdf, 183 KB]

   ...trustees could not and did not make a decision to hold the AGM. This allegation is based partly on the submission that John Andrew resigned as a trustee and therefore the trustees could not act by majority, and partly on the provisions of Part IV clause 25 of the trust order. Pursuant to clause 25 the quorum for a valid meeting of trustees is “3 trustees present in person throughout the meeting”. However, a strong argument could be made that the power of trustees to call an AGM...

9. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...or more of its employees depart and the interest of such employees who wish for the freedom to develop their careers elsewhere. The clients are not captive. In this situation, it is inevitable that employers include in contracts of employment clauses which seek to limit the ability of employees to take the client base with them. 36 At 16. 37 CP 685-SW01 HC Auckland, 1 August 2002. 38 At [32]. 39 [2007] EWCA Civ 6...

10. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

    ...through the lens of the policy. In this case the words of the policy lend significance to the communications between LS and MIS, communications which, under a different policy wording, may not have been of importance at all. [12] The relevant clauses from the policy: Our Undertaking Medical Insurance Society Limited undertakes that if, during any period for which the premium has been paid, any unintended and unforeseen physical loss or damage occurs or costs or losses arise wh...