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  1. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

    ...Todd presented Mr Doherty with a draft individual employment agreement in which the parties were described as Axiom Rolle PRP Valuation Services Limited (the employer) and Hilton Doherty (the employee). It included the following provisions: Clause 4.1 The Employee will normally be based in the Employer’s Wellington office, however, the Employee agrees that the Employer may require the Employee to work from any of the Employer’s other offices or travel to various other locations...

  2. [2018] NZEmpC 74 Pitman v Advanced Personnel Services Ltd [pdf, 288 KB]

    ...because he assisted a company, A Temp Ltd, to compete with Advanced Personnel while still employed by it.3 This action gave a springboard advantage to A Temp.4 Mr Pitman’s assistance to A Temp breached confidentiality and restraint of trade clauses in his employment agreements.5 [5] Because of Mr Pitman’s breaches, three of Advanced Personnel’s clients stopped using that company, or reduced their reliance on it during the restraint period. Their allegiances were switched to...

  3. Rapana v Anderson - Te Kōmiti Matua o te Haahi Rātana (2024) 492 Aotea MB 95 (492 AOT 95) [pdf, 335 KB]

    ...sub-groups within Te Haahi. [5] The structure of Te Haahi is set out in Ngā Kaupapa ā-Mahi. But like all structures, its practical operation relies on human endeavour and effort, as much determined by tikanga and convention as it is by constitution clauses. In this regard, the Court received helpful evidence from Andre Meihana,2 Hon Mita Ririnui, Lance Rapana, Rt Hon Adrian Rurawhe, Wiki Rapana, Pirihiti Meihana, Andre Tutere Anderson and Suzanne (Huhana) Pene on the issues befo...

  4. [2024] NZEnvC 110 Evans v Marlborough District Council [pdf, 463 KB]

    ...ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 110 IN THE MATTER of the Biosecurity Act 1993 AND of an application under s76 of the Act BETWEEN GEOFFREY IAN TUDOR EVANS (ENV-2020-CHC-105) Applicant AND MARLBOROUGH DISTRICT COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner S Myers Hearing: On the papers Last case event: 24 April 2024 Date of Decision: 15 May 2024 Date of Issue: 15...

  5. [2019] NZEmpC 20 Jacks Hardware and Timber Ltd v First Union Inc [pdf, 537 KB]

    ...174/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JACKS HARDWARE AND TIMBER LIMITED Plaintiff AND FIRST UNION INCORPORATED Defendant Hearing: 15 and 16 August 2018 (Heard at Dunedin) Appearances: P Wicks QC and R Upton, counsel for plaintiff P Cranney and O Christeller, counsel for defendant Judgment: 28 February 2019 JUDGMENT OF JUDGE K G SMITH

  6. BORA Prisoners’ and Victims’ Claims (Continuation and Reform) Amendment Bill [pdf, 425 KB]

    ...However, the Committee against Torture has expressed concern over the PVC Act in its most recent periodic review.[35] Yours sincerely Crown Law Jane Foster Daniel Perkins Crown Counsel Associate Crown Counsel Bookmarks 1. Clauses 4(a),(b), 5, 9 and 10. 2. Clauses 4(c),(d), 6, 7 and 8. 3. Clauses 4(e) and 11-13. 4. We note that courts which have been called upon to consider the application of the PVC Act have not given any indication that they regard the Act as...

  7. [2020] NZEmpC 141 H and C v RPW [pdf, 269 KB]

    ...DRAWN TO THE CURRENT ORDERS FOR NON-PUBLICATION OF PARTIES’ NAMES IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 141 EMPC 84/2019 EMPC 24/2020 EMPC 25/2020 EMPC 26/2020 EMPC 27/2020 EMPC 28/2020 IN THE MATTER OF challenges to determinations of the Employment Relations Authority AND IN THE MATTER OF applications for leave to extend time to file challenges to...

  8. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

    ...(casual, “Axis Ancillary”, or “permanent”) but excludes the employment of stevedores on a fixed term basis. The union says that the collective agreement is inconsistent with fixed term employment because what is described as its “click over clause”, whereby Axis Ancillary employees may become permanent employees, would become inoperable for affected employees. Finally, the union says that the collective agreement’s universal provisions for redundancy for employees wh...

  9. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

    ...Advisers Code of Conduct 2010 (“the Code of Conduct”) in the following respects: [53.1] The agreement was signed and a payment made for professional services prior to Ms Scholes meeting or consulting with the complainant. This breached: [53.1.1] Clause 1.5(a), and [53.1.2] Clause 1.4(a) of the Code of Conduct. [53.2] The signed agreement did not set out the fees in fact paid, or record a “no win no fee arrangement” that was in place. This breached: 6 [53.2.1]...

  10. Supplementary Order Paper on Taxation (Annual Rates for 2020-21, Feasibility Expenditure and Remedial Matters) Bill [pdf, 182 KB]

    ...remedial and technical amendments. 6. Our advice focuses on cl 69C, which is one of the remedial and technical amendments to the principal Act. We have not identified any Bill of Rights Act concerns arising from the other proposals in the SOP. 7. Clause 69C amends s 17H of the principal Act to expand its application to an information demand made under s 17GB. A demand made under s 17GB (a s 17GB demand) is a demand for information the Commissioner of Inland Revenue (Commissioner) consi...