Search Results

1. [2018] NZEmpC 91 Pan Pac Forest Products Ltd v First Union [pdf, 431 KB]

   ...(Pan Pac) wishes to restructure the staffing levels of a circular saw centre that it operates at its sawmill on a rotating three-shift structure. This is for commercial and financial reasons. It says it is entitled to do so under a redundancy clause which is contained in the applicable collective employment agreement (the CEA) which it has with First Union Inc (the Union) and E Tū Inc. [2] It says that it is entitled to proceed under that clause without Union agreement, pursuant...

2. BORA Cultural Property (Protection in Armed Conflict) Bill [pdf, 230 KB]

   Cultural Property (Protection in Armed Conflict) Bill 15 August 2008 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CULTURAL PROPERTY (PROTECTION IN ARMED CONFLICT) BILL 1. We have considered the Cultural Property (Protection in Armed Conflict) Bill (PCO 13181/1.7) ('the Bill') for consistency with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). We understand that the Bill will be considered by the Ca

3. Consultation Document - AML/CFT Early Regulatory Package Exposure Draft February 2023 [pdf, 494 KB]

   ...tangibility), which excludes other purely digital or electronic types of stored value instruments that have since been developed. Statutory Review Recommen dation # Cabinet agreem ent # Cabinet agreement Regulatory Instrument and clause in draft 71 1 Amend the definition of “stored value instruments” in clause 15 of AML/CFT (Definitions) Regulations 2011 and clause 15 of the AML/CFT (Exemptions) Regulations 2011 to be technology neutral to capture electronic o...

4. Consultation Document AML/CFT Early Regulatory Package Exposure Draft [pdf, 494 KB]

   ...tangibility), which excludes other purely digital or electronic types of stored value instruments that have since been developed. Statutory Review Recommen dation # Cabinet agreem ent # Cabinet agreement Regulatory Instrument and clause in draft 71 1 Amend the definition of “stored value instruments” in clause 15 of AML/CFT (Definitions) Regulations 2011 and clause 15 of the AML/CFT (Exemptions) Regulations 2011 to be technology neutral to capture electronic o...

5. BORA Law Reform (Epidemic Preparedness) Bill [pdf, 219 KB]

   ...have noted that testing a person suspected of being exposed to a quarantinable disease will assist the identification and treatment of persons they have come into contact with, which in turn will slow down the spread of the disease. 10. Three clauses require a person to supply information to a Medical Officer. In our view, the information required is primarily factual and descriptive in nature, as opposed to expressive. This requirement does not raise an issue under section 14 of t...

6. 2017 NZSSAA 054 (4 October 2017) [pdf, 97 KB]

   ...driving licence he failed the eyesight test because the correction was not working to bring him to the necessary standard. Discussion [11] It is common ground that the only potential assistance available is under the special needs grant programme. Clause 12.1 of the programme is a general provision that provides: 12.1 Grants under this Part may be made only if the chief executive is satisfied that an emergency situation exists, which has given rise to an immediate need. [12] Cl...

7. BORA Insurance (Prudential Supervision) Bill [pdf, 323 KB]

   ...its supervisory role and that the public is aware of the financial health of the insurer. The provisions apply to persons within the insurance industry. We consider these to be important objectives and a justified limit on freedom of expression. Clause 148 11. Clause 148 makes it an offence for anyone to disclose the fact of the giving of a direction under part 4, subpart 1 or 2 or that a notice has been given under clause 147. These directions relate, broadly, to where an insurer i...

8. BORA Te Arawa Lakes Settlement Bill [pdf, 349 KB]

   ...with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights"). I advise that the Bill appears to be consistent with the Bill of Rights. 2. The Bill would affect a final settlement of the Te Arawa Lakes historical claims (defined in clause 13). It excludes courts, judicial bodies and tribunals from considering the settlement, including the validity of the deed of settlement and adequacy of the redress. (Clause 15) The Waitangi Tribunal's jurisdiction is specifically e...

9. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...take of the facts, and the adviser’s responsibilities. It gave notice the material then before it may be a basis for concluding: [8.1] The adviser acted unprofessionally as he was a party to the employee unlawfully providing immigration advice (clause 1 of the Code). [8.2] The adviser failed to commence the instructions properly; instead, he was party to the employee doing so unlawfully (clause 1, 5, 8 and 9 of the Code). [8.3] The adviser failed to bank client funds into a client b...

10. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

    ...Wellington) Appearances: Aaron Martin and Trish MacKinnon, Counsel for the Plaintiffs D Martin, Counsel for the Defendant Judgment: 30 November 2007 JUDGMENT OF JUDGE C M SHAW [1] The parties are in dispute over the interpretation of clause 6.2.5 in the 2001 and 2004 collective agreements that bind the Secretary for Education and teachers who are members of the New Zealand Educational Institute Te Riu Roa (Inc) (“NZEI”). The clause provides for certain sick leav...