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1. Khan v Devi [2014] NZIACDT 2 (15 January 2014) [pdf, 77 KB]

   ...as a licensed immigration adviser being used. [17] Those findings would establish a breach of the Code of Conduct in that: 4 [17.1] The adviser acted unprofessionally by being a party to the unlawful provision of immigration advice (clause 1.1 of the Code of Conduct). [17.2] The adviser failed to initiate the professional relationship in accordance with the Code of Conduct (clause 1.5 of the Code of Conduct). [17.3] The adviser failed to refund fees (clause 3(d) of the C...

2. BORA Accident Compensation Amendment Bill [pdf, 196 KB]

   ...age; and c. within 24 months of reaching qualification age, are eligible for a maximum of two years of weekly compensation from the date of entitlement, together with any superannuation they may be eligible for upon reaching qualification age. 8. Clauses 13 and 14 of the Bill amend ss 65 and 104 of the Veterans’ Support Act 2014 to mirror these changes. 9. These clauses appear to discriminate on the basis of age for claimants or dependants aged 63 or 64. This is because the closer...

3. BORA Social Assistance (Debt Prevention and Minimisation) Amendment Bill [pdf, 366 KB]

   ...Act provides that every person whose interests are affected by a decision by a public authority has the right to the observance of the principles of natural justice. One of the fundamental principles of natural justice is the right to be heard. 6. Clause 5 (new section 180C) raises an issue of natural justice as it provides that the Chief Executive may immediately suspend an individual’s benefit, allowance or student loan after an information match has disclosed one or more discrepancie...

4. CAC20006 v Stevenson [2013] NZREADT 56 [pdf, 76 KB]

   ...two documents. On 25 July Mr Stevenson brought to Mr and Mrs Beer an agreement to sell the property to a Mr Kelvin Lawson. This contained a special condition saying that the agreement was “subject to builder’s approval of house”. [8] This clause did not contain any date by which the condition was to be satisfied and it did not directly address the issue that the two bedrooms were not code compliant. Further, there was no acknowledgement by the purchaser in the agreement or any...

5. [2017] NZEmpC 103 McPherson v Carter Holt Harvey Ltd [pdf, 195 KB]

   ...this point. The agreement [20] Both the Kinleith Mill Collective Agreement 2013 (the collective agreement) and letter of offer dated 26 May 2014 agreed to by Mr McPherson applied at the relevant time, as the defendant accepted. [21] Clause 11 of the collective agreement sets out definitions of a number of terms used in the Agreement. These include: Week: Seven consecutive days, unless the context requires otherwise. Leave Week: A week’s leave for an employee worki...

6. [2020] NZEmpC 169 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 276 KB]

   ...leave. I note that if the annual leave entitlement had been taken during term time (so during a period which would not otherwise have been unpaid leave), the relevant figure would have been 61. [25] What next? Mr Morgan asks that the clauses from the 2015 and 2018 individual employment agreements are set aside. [26] Section 6 of the Act provides: 6 Relationship between Act and employment agreements (1) Each entitlement provided to an employee by this Act is a minimum...

7. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...not create a power to dismiss. This is not in dispute; the CAA contends that the authority for the right to terminate was contained in cl 53.1 of the CEA and not the Vaccinations Order. [32] Turning to cl 53.1, the applicants contend that the clause only provides a minimum period of notice, and that any other interpretation of that clause would cut across well-established employment law jurisprudence. [33] In elaboration of this point, Ms Grey submitted that if there is any ambig...

8. Ratima v Ratima - Tahoraiti 2A 12A (2023) 105 Takitimu MB 29 (105 TKT 29) [pdf, 312 KB]

   ...agreed assets and liabilities of the Trust as at 30 June 1996. Schedule 1 of the agreement is detailed. In addition to land and buildings, it includes livestock, cash and other current assets, investments and plant, machinery and vehicles. By clause 2 of the agreement, Waikari acknowledged the value of his one-fifth share of the nett assets of the Trust of $406,812.00, based on the agreed assets and liabilities of the Trust. It is clear that the parties had agreed on the value o...

9. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...Commission Agree the new Act should have a new purpose section. Final wording (agreed during drafting) will build upon the Law Commission’s suggestions and focus on balancing privacy interests with important social and business interests. 5 The Act should provide that codes of practice may apply any of the privacy principles to information about deceased persons. This amendment would enable the Privacy Commissioner to issue a code in the future it he or she considers it is neces...

10. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

    ...contract of employment. However, as you are aware, we considered that your conduct remained unsatisfactory, despite numerous verbal and written warnings and corrective action requests, and our reasons for terminating your services pursuant to clause 12.2.1 of the [Agreement] were as follows: • Persistent failure to perform your duties in accordance with instructions from us; • Persistent failure to meet required service standards; • Persistent failure to communicate wi...