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Search results for clause 5.

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  1. Finau v Tangilanu [2014] NZIACDT 96 (01 October 2014) [pdf, 184 KB]

    ...found on the material before it that it should uphold the complaint in these respects. [3] The Tribunal found Ms Tangilanu failed to meet the Code of Conduct’s duty to carryout instructions with due care, diligence, respect and professionalism (clause 1), and the requirement to confirm in writing when work ceased part way through an immigration process (clause 3(b)). The Parties’ Positions on Sanctions The Authority [4] The Authority did not make any submissions on sanctions....

  2. [2020] NZEmpC 135 Wills v Farmlands Co-Operative Society Ltd [pdf, 210 KB]

    ...application are in Pitt & Moore’s possession and relate to a matter in question in the proceeding between her and Farmlands. [15] Pitt & Moore is not a party to this proceeding so this application relied on cl 13 of sch 3 to the Act. The clause reads: 13 Discovery (1) The court may, in relation to discovery that relates to proceedings brought or intended to be brought in the court, or intended to be brought in the Authority, make any order that the District Court may...

  3. W v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 37 [pdf, 219 KB]

    ...the appellant was an earner and in employment as at the date of her injury, in order to qualify for weekly compensation. The Court dismissed the appeal, for the reasons outlined below. 1 W v Accident Compensation Corporation [2021] NZACC 105. 2 Background [2] On 7 June 2012, the appellant suffered mental injuries as a result of an earlier criminal act against her, and she was duly granted cover. (She suffers from Post Traumatic Stress Disorder, Major Depressive Disorde...

  4. [2024] NZEnvC 216 Nicolson v Dunedin City Council [pdf, 611 KB]

    ...ŌTAUTAHI Decision No. [2024] NZEnvC 216 IN THE MATTER of the Resource Management Act 1991 AND an appeal under clause 14 of the First Schedule of the Act BETWEEN DANIELLE CLAIRE NICOLSON, SORREL O’CONNEL MILNE AND TIM LEQUEUX (ENV-2023-CHC-15) Appellants AND DUNEDIN CITY COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 2 September 2024 _______________________________________...

  5. [2024] NZSSAA 08 (6 June 2024) [pdf, 132 KB]

    ...the Social Security Regulations 2018 set out asset and income limits applicable to an accommodation supplement (regs 15 to 19). Income 22. ‘Income’ is defined in sch 3 pt 2 of the Act. Clause 3 of the schedule generally defines income. Clauses 4 to 10 expand on this definition. Discussion 23. XXXX does not have a separate business bank account and her business transactions operate from her personal bank account. It is not disputed that the cash deposit represents busine...

  6. LCRO 128/2015 GBA v HCB (29 June 2017) [pdf, 197 KB]

    LCRO 128/2015 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee BETWEEN GBA Applicant AND HCB Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Mr GBA has applied for a review of a decision by the [City] Standards Committee which made a finding of

  7. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

    ...upon and evidenced in writing in an employment agreement signed by both parties at the commencement of the employment relationship and not retrospectively or otherwise settled during its course. Employees affected are to be new employees. Such clauses contain a balance of employee protective elements as well as facilitating hiring and firing. [48] Sections 67A and 67B remove longstanding employee protections and access to dispute resolution and to justice. As such, they should b...

  8. BM & IM v KX & Ors [2024] NZDT 162 (8 February 2024) [pdf, 218 KB]

    ...matters which the lawyer considers are relevant. 15. I accept that this means MI Ltd had not been asked to obtain a LIM, and in fact that they did not have the grounds to do so. KX said that it is not possible to rely on a solicitor’s approval clause to cancel the contract on other grounds, so it would not be possible to use it as a “de facto” LIM condition. The solicitor’s approval clause was widely drafted, to include both commercial and conveyancing aspects of the agreeme...

  9. Wood v Accident Compensation Corporation (Vocational independence) [2025] NZACC 48 (24 March 2025) [pdf, 168 KB]

    ...obtained employment; but (c) is unable to maintain the employment because of his or her incapacity. [31] Section 108 provides: (1) An assessment of a claimant’s vocational independence must consist of— (a) an occupational assessment under clause 25 of Schedule 1; and (b) a medical assessment under clause 28 of Schedule 1. (2) The purpose of an occupational assessment is to— (a) consider the progress and outcomes of vocational rehabilitation carried out under the c...

  10. Singh v the Registrar of Immigration Advisers [2016] NZIACDT 25 (17 May 2016) [pdf, 140 KB]

    ...explanation, and measuring it against their records. In the case of licensed immigration advisers, the Licensed Immigration Advisers Code of Conduct 2014 (the 2014 Code) provides a licensed immigration adviser must maintain proper file management practices (clause 26); that includes confirming “in writing to the client the details of all material discussions with the client” (clause 26(c)). [21] I have before me a letter from the adviser responding to the complaint. However, I do not...