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1. BORA Evidence Amendment Bill [pdf, 304 KB]

   ...prosecution then to give evidence of the defendant’s veracity under s 38(2) of the Act. 8. A small number of provisions make more significant changes which warrant individual attention. These are considered below. 9. Notice provisions 10. Clauses 6 and 9 of the Bill will repeal s 12A of the Act preserving the common law in relation to the admissibility of statements of co-defendants against defendants, and will substitute s 22A codifying similar admissibility rules for “hearsay...

2. [2011] NZEmpC 61 Tatua Co-Op Dairy Co Ltd v NZ Dairy Workers Union [pdf, 141 KB]

   ...more beneficial long service leave entitlements, which the parties have described as “the enhanced leave entitlements”, than the previous collective agreement and there is a dispute as to how the enhanced leave entitlements should operate. Clause 17 of the now expired collective agreement (the expired collective) provided: 17 SPECIAL HOLIDAYS FOR LONG SERVICE 17.1 ENTITLEMENTS A worker shall be entitled to special holidays as follows: 17.1.1 One special holiday of 40 h...

3. [2021] NZEmpC 102 Crossen v Yangs House Ltd [pdf, 283 KB]

   ...entitlements that Yangs House does not pay. Did the Authority err in interpreting the agreement? [9] The linchpin of the Authority’s determination was a conclusion that the settlement agreement compromised all of Mrs Crossen’s claims because of clause 10 that reads: 10. Both parties acknowledge that they have had the opportunity to seek legal advice in consideration of the termination of the employment relationship, and as to the terms of this record of settlement. Th...

4. [2010] NZEmpC 3 Robinson v Capital and Coast District Health Board [pdf, 34 KB]

   ...of the meca provides, in accordance with the requirements of the Holidays Act 2003 (the “Act”), that all employees, other than casuals, are entitled to “4 weeks annual leave, taken and paid in accordance with the Holidays Act 2003.” [5] Clauses 19.2 and 19.3 adjust that universal position for the circumstances of individual employer district health boards. Those clauses provide: 19.2 Where Collective Agreements that were in place prior to 30 June 2007 at individual DHB [...

5. [2013] NZEmpC 172 Aviation & Marine Engineers Assn Inc v Air New Zealand Ltd [pdf, 601 KB]

   ...determination of the Employment Relations Authority BETWEEN NEW ZEALAND AMALGAMATED ENGINEERING, PRINTING AND MANUFACTURING UNION INC Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: 29, 30 and 31 January, 1, 4, 5, 7, 8 and 22 February and 7 March 2013 and by memorandum filed on 28 March 2013 (Heard at Auckland) Appearances: Jim Roberts and Jodi Clark, counsel for plaintiffs Andrew Caisley, counsel for defendant Interim Judgment...

6. Naera v Fenwick - Whakapoungakau 24 Tikitere Trust [2011] Māori Appellate Court MB 316 (2011 APPEAL 316) [pdf, 194 KB]

   ...numerous failures to comply with the law. [9] The first three grounds of appeal are submitted to be straight errors of law. The success of grounds two and three rely to some extent on this Court agreeing with the appellants‘ interpretation of clause 3(a) of the trust order, which is central in the first ground of appeal. [10] The fifth ground of appeal is inextricably linked to the errors of law contended in the first three grounds of appeal. It relies on this Court finding th...

7. Ruapuha and Uekaha Hapu Trust v Tane - Hauturu East 8 Block [2010] 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) [pdf, 226 KB]

   ...acres claimed in the core cave area to be “vested in the claimants” and noted that the three acres “are owned, and belong to, the claimants in the full sense, subject only to the principle that the caves are accessible to the public...”. Clauses 5 and 8 referred to the return of other land to “the claimants”. Once again, clause 4 referred to the school and school buildings not meeting the “offer back” criteria of the Public Works Act 1981 (“PWA”) and that, if and...

8. [2022] NZEnvC 227 Nga Kaitiaki O Te Awa O Ngaruroro [pdf, 1.1 MB]

   ...Whanawhana cableway (at or about NZTopo50 BK37:918-158), “upper Ngaruroro waters”. [30] That order also contained: Because they are in their natural state, and because of the outstanding characteristics, features and values identified in clause 4 and in Schedule 1, the Upper Ngaruroro waters specified in Schedule 1 are to be retained as far as possible in their natural state including the quality, quantity, level and rate of flow of the waters through the protection provided in c...

9. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...party to those claims are in comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 5.Clauses 150, 332, 535 and 745 reserve a special right of access to protected sites on certain licensed land transferred to the respective iwi. This right of access applies to Maori for whom the protected sites are of special spiritual, cultural...

10. 20241210 Offshore Renewable Energy Bill [pdf, 204 KB]

    ...impart information and opinions of any kind in any form. The right to freedom of expression has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. There are a number of clauses that require the provision of information to authorities so decisions can be made, permits issued, and infrastructure decommissioned.2 For example, cl 33 requires holders of feasibility and commercial permits to disclose data obtained...