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1. [2025] NZEmpC 2 Young v Port of Tauranga Ltd [pdf, 236 KB]

   ...“affected ship” was defined to include “a ship with 2 COVID-19 Public Health Response (Vaccinations) Order 2021, cl 4. All references to this Order in the following footnotes are to the Order as at 12 August 2021. 3 Schedule 2 item 6.4. 4 Clause 4. 5 When the border order was issued, it was unclear how COVID-19 was spread; there was a concern that it could be transmitted through being present on surfaces. any person or persons on board who are required to be is...

2. [2007] NZEmpC CC 13A/07 Abernethy v Dynea NZ Ltd [pdf, 107 KB]

   ...Yes we were. Q. So then Brent explained to Sharon the importance of a record of settlement just so she had a bit of background information on it. Said it was important protection for the company. A. That’s correct. Q. And would include clauses like “full and final settlement”. A. True. Q. And not bringing up a personal grievance subsequently. A. True. Q. And Brent said that a record of settlement would also have a liquidated penalty clause. A. Tha...

3. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...working on most areas of the airport, both landside and airside. Approximately 10 years ago, he applied for a senior position, and took on the role, overseeing staff in his area, and in another area, jointly with another senior employee. [21] Clause 9 of his CEA described work classifications, including a clause relating to a Maintenance Technician (Mechanical) role which applied to WXN. The description of this role stated it was to provide “...preventative and breakdown mainte...

4. Films, Videos and Publications Classification (Urgent Interim Assessment and Prevention of Online Harm) Amendment Bill [pdf, 235 KB]

   ...empowering an Inspector of Publications to issue a take-down notice to an online content host; and b. facilitating the establishment and operation of an electronic system that intends to block objectionable publications. Take-down notices 9. Clause 9 of the Bill inserts new ss 119C-119O into the principal Act. Section 119C allows for an Inspector of Publications to issue a take-down notice to an online content host if an interim classification assessment1 has been made that an onli...

5. Pou - Eru Moka and Te Owai Pou Whanau Trust (2013) 61 Taitokerau MB 247 (61 TTK 247) [pdf, 258 KB]

   ...Trustee having renounced probate of the will. [45] The will is dated 15 May 1989 – that is, a month after the hearing that established the trust – and was prepared by the district solicitor of the Office of the Māori Trustee in Whangarei. Clauses 5(2) and (3) of the will are relevant: (2) I GIVE devise and bequeath all my right title share or interest in Māori freehold land blocks namely: Tuhuna 1A Tuhuna 12B Tuhuna 21 Rangihamama K3D3B Tuhuna 47 Maungapohatu North Okura...

6. BORA Earthquake Commission Amendment Bill [pdf, 263 KB]

   ...personal property. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 4. For completeness, we note that we have considered whether cl 5 of the Bill limits s 14, which affirms the right to freedom of expression. Clause 5 sets out the circumstances in which the Commission may release information in its possession. We have determined that the freedom of expression is not engaged as the Commission’s ability to release is discretionary rather than co...

7. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   REYNOLDS V BURGESS CHCH CC 5/07 2 March 2007 IN THE EMPLOYMENT COURT CHRISTCHURCH CC 5/07 CRC 30/04 IN THE MATTER OF of a challenge to a determination of the Employment Relations Authority BETWEEN FRANCESCA REYNOLDS Plaintiff AND DEBORAH JANE BURGESS Defendant Hearing: 19 and 20 June 2006 (Heard at Christchurch) Appearances: Francesca Reynolds, In person Grant Slevin, Counsel for Defendant Judgment: 2 March 2007 JUDGMENT OF JUDGE A A COU

8. CAC20006 v Spencer [2013] NZREADT 8 [pdf, 95 KB]

   ...12 months. [8] The agreement for sale of the complainant’s property was not conditional on their offer for Lot 44 Alderton Park being accepted. That offer was presented to Mr Brown on 29 July 2011 but he counter-offered, reducing the cash-back clause amount to $5,000. The counter offer was not accepted by the complainants. [9] On 30 July 2011 the complainants raised concerns as to the defendant’s conduct with his manager at Barfoot & Thompson Ltd. [10] On 31 July 2011, th...

9. Ly v Navarette-Scholes [2015] NZIACDT 16 (06 March 2015) [pdf, 88 KB]

   ...short, a comprehensive allegation that she breached all of the potential grounds for complaint under the Act. [9] The Registrar, having investigated the complaint, lodged a statement of complaint that said “the complaint may disclose” a breach of clause 3 of the Licensed Immigration Advisers Code of Conduct 2010 (the Code of Conduct). Clause 3 of the Code of Conduct relates to business management in a licensed immigration adviser’s practice. [10] The Statement of Complaint identi...

10. Graves v CAC 2003 & Langdon [2012] NZREADT 41 [pdf, 32 KB]

    ...appellant’s company with a vendor. The appellant’s response to the complaint indicated that the agreement in the form as submitted continues to be used by his company in the course of its business. The relevant provisions of that agreement were clauses 3, 8, 18 and 19. The complainant alleged that those clauses were a breach of the Act and the Rules because they imposed unnecessary conditions on a client wishing to terminate the agreement. [7] Before the Committee, the appellan...