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1. Films Videos and Publications Classification CVoD Amendment Bill Advice [pdf, 81 KB]

   ...Videos, and Publications Classification Act 1993 (the principal Act) to require commercial video on demand (CVoD) providers to rate and label content consistently with New Zealand standards before providing the content to New Zealand audiences. 5. The Bill also contains minor ancillary amendments to update the role and functions of the Classification Office and to further specify the content covered under the principal Act, to ensure that CVoD content can be regulated under the current...

2. Improving Arrangements for Surrogacy Bill [pdf, 173 KB]

   ...achievement of the objective? iii. is the limit in due proportion to the importance of the objective? 8. The Bill contains the following provisions which limit freedom of expression by compelling individuals to provide information to a Registrar: a. Clause 24 inserts a new s 9(1B) in the BDM Act, requiring intending parents to jointly notify a Registrar of the birth of a child in accordance with the BDM Act, and inform the Registrar whether or not they are New Zealand citizens or pers...

3. Potatoes NZ Incorporated.pdf [PDF, 879 KB]

   ...vegetable production on LUC I, LUC II and LUC III land using the Land Use Capability (LUC) Survey Handbook, including the flexibility to undertake crop rotations on multiple and/or changing properties as follows; …” Policy 3/Te Kaupapa Here 3 Clause (d) Provide clarity that the other pathways are open to authorise commercial vegetable growing based on an assessment of effects. “Recognise the positive contribution to people and communities from commercial vegetable...

4. GP v SKS Ltd [2017] NZDT 1168 (10 February 2017) [pdf, 76 KB]

   ...fails. [16] I accept that there had been some administration difficulties that made the billing somewhat less than clear for a period of time. However, Mr GP continued to refuse to pay any monies for the new monitoring service, as required by clause 4.5 of the agreement, despite using the service for many months until SKS exercised its right to cancel under clause 2.3 of the agreement. The agreement provides under clause 2.4 that in such situations Mr GP is liable to pay a decommi...

5. NH v TC [2024] NZDT 175 (7 March 2024) [pdf, 182 KB]

   ...bank records of the repayments over the course of the tenancy. 7. Therefore, I find that TC did make the payment to the previous tenant on NH’s instructions. CI0301_CIV_DCDT_Order Page 2 of 3 Liability under the flatmate agreement 8. Clauses 7, 8 and 12 of the flatmate agreement record; 7. If the flatmate provides 21 days’ notice, the flatmate will be responsible for filling the vacant room. 8. If the flatmate provides 21 days’ notice, the flatmate will be responsibl...

6. CAC 20006 v Wallace [2013] NZREADT 46 [pdf, 73 KB]

   ...spoke to Ms Nicholson about the report and expressed her wish to cancel the contract. The issue was raised with Mrs Kern’s solicitor, who failed to give written notice in due time to the vendor that the report was unsatisfactory as required by clause 15 of the agreement for sale and purchase. [13] Ms Nicholson subsequently spoke with the defendant and asked if the vendors of the property would allow Mrs Kern to cancel the contract given the issues disclosed in the Davidson report, no...

7. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

   ...problems. [9] A stumbling block, which materialised on 8 December 2015 and remains to the present time, was how to deal with wages. Kaikorai’s draft provided for wages by having them determined by a mechanism outside of the proposed agreement. Clause 3 of its draft dealt with wages and reads: 3. WAGES 3.1 The applicable pay rate is specified in the employee's individual agreement. Wages are reviewed annually. Should an increase result from a review, then this will b...

8. IN & SC v B Ltd [2020] NZDT 1640 (16 November 2020) [pdf, 169 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1640 APPLICANT IN and SC Trustees of M Trust RESPONDENT B Ltd The Tribunal orders: 1. The claim is dismissed. Reasons 1. On 15 May 2012, IN and SC as trustees of M Trust (the “Trust”) purchased Unit Z at [address], [Suburb] in a unit title development from B Ltd (“the B Ltd”) in a mortgagee sale. IN had been leasing the premises for his business, C Limite...

9. Harmful Digital Communications Amendment Bill [pdf, 147 KB]

   ...expression. This includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. This right has been interpreted as including the right not to be compelled to say certain things or provide certain information.1 9. Clause 4 of the Bill inserts proposed new s 22A into the principal Act to make it an offence for a person to provide information by posting a digital communication that is an intimate visual recording. The person posting the digital commu...

10. [2014] NZEmpC 229 Brown Sycamore v New Zealand Basing Limited of Hong Kong [pdf, 306 KB]

    ...derived from, and for material purposes were the same as, the documents which had been in place when Mr Brown and Mr Sycamore were employees of Veta: CoS99 and the Veta Permanent Basing Policy 1999. [23] Each contract included an application of law clause, in the same terms as had applied previously. It stated: These Conditions of Service, which form part of the contract of employment between the Company and the Officer, will in all cases and in all respects be interpreted in...