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1. [2007] NZEmpC WC 8/07 Service and Food Workers Union Inc v OCS Ltd [pdf, 73 KB]

   ...applied immediately before …” their engagement by the Defendant. The expired Spotless CEA therefore continued to apply to the domestics. 5. The Defendant took on the then current permit hours for part-time employees from 1 April 2005: clause 14(b) Spotless CEA. Work patterns of sample domestics 6. A sample of the domestics selected by the Plaintiff indicates the following work patterns: Name Day of the week (hours ordinarily worked) Mon Tue Wed Thurs Fri Sat Sun...

2. X Ltd v Q Ltd [2024] NZDT 261 (14 March 2024) [pdf, 185 KB]

   ...[Claim 2] APPLICANT BE, CI and QD Trustees of LG Trust RESPONDENT Q Ltd The Tribunal orders: 1. The claim by X Ltd against Q Ltd is dismissed. 2. BE, CI and QD, as Trustees of LG Trust, are not liable to Q Ltd under Clause 5 of the Deed of Settlement dated 5 July 2022. Reasons 1. On 19 December 2021, the Trustees of LG Trust (The Trust) purchased a herd of cows from X Ltd (the company) for a sharemilking operation in a Contract for Forward Sale and Pu...

3. BORA Securities Trustees and Statutory Supervisors Bill [pdf, 310 KB]

   ...We considered potential issues of inconsistency with ss 14, 21 and 25(c) of the Bill of Rights Act and assessed whether or not these issues are justifiable under s 5 (justified limitations) of that Act. To that end we examined whether the relevant clauses serve an important and significant objective, and whether there is a rational and proportionate connection between these clauses and that objective. [1] 3. We have reached the conclusion that the Bill appears to be consistent with the r...

4. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...age, marital status, family status and sex because of limits placed on eligibility for certain benefits, the lesser or greater benefit requirements that certain people have to meet and the lighter penalties imposed on certain people. 9 A number of clauses in the Bill compel applicants and beneficiaries to disclose information in a range of situations in order to be eligible or continue to be eligible for a benefit. These clauses give rise to an issue under section 14 of the Bill of Rig...

5. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...concealment of information about expunged convictions by creating an offence provision for non-compliance. 7. We have assessed the Bill for its consistency with the Bill of Rights Act under the following headings: 7.1 Detem nation of applications. Clauses 14 to 19 concerning the process for applications raise issues concerning the right to natural justice in s 27(1); Level 3 Justice Centre 19 Aitken Street PO Box 2858 DX SP20208 Wellington 6140 New Zealand Ph: +64 4 472 1719 Fax: +6...

6. [2022] NZEnvC 103 Director-General of Conservation v Whangarei District Council [pdf, 280 KB]

   ...clothing and footwear are cleaned to the greatest extent reasonably practicable prior to entry into and exit from the kauri hygiene area and kauri dieback disease containment area. B: The provisions in dispute are resolved as set out in this decision. Clauses (4)(c), (5)(d), (5)(e) and (6)(b) of the Council and Northpower drafting of REQ2 (district wide consents) are to be amended as follows: Emergency works and unplanned network outages 4. For emergency works and unplanned network...

7. OIA-109795.pdf [pdf, 2.3 MB]

   ...With minor amendments (the list of recommendations follows), Part 2 of the Bill should be enacted. R EL EA SE D UN DE R TH E OFF IC IA L IN FO RM AT IO N AC T 19 82 2 LIST OF RECOMMENDATIONS 1. Amend clause 21 to define “Registrar” as including any Deputy Registrar. 2. Amend clause 25(1) to provide that, unless a defendant nominates an address for service, service will be effected at his or her last known address. 3. (Subject...

8. Electoral Amendment Bill [pdf, 425 KB]

   ...relating to the con‐ tents of this Bill. A copy of this regulatory impact statement can be found at— • [Insert URL link(s) to the RIS on the agency’s/agencies’ Internet site(s)] • https://treasury.govt.nz/publications/informationreleases/ris Clause by clause analysis Clause 1 is the Title clause. Clause 2 is the commencement clause and provides that the Bill, except clauses 6, 19, 20, and 38 and the Schedule, comes into force on the day after the date on which it receives the Royal...

9. BORA Securities Legislation Bill [pdf, 122 KB]

   ...criminal conviction, relevant details about the securities, and any pertinent relationships or interests they (or an associated person such as a business partner or relative) have in relation to an investment. 14. We therefore consider that, while clauses 23 to 26, 30 and 35 are prima facie inconsistent with section 14 of the Bill of Rights Act, they are justified in terms of section 5 of the Bill of Rights Act. Section 25(c): right to be presumed innocent until proved guilty 15. Se...

10. Huriwai - Hinetiraha A2C Ahu Whenua Trust (2017) 66 Tairawhiti MB 157 (66 TRW 157) [pdf, 203 KB]

    ...into three areas. [2] The application was filed following a meeting of owners held on 18 th December 2015. At that meeting the beneficiaries considered the adoption of a new trust order and discussed the proposed amendments. Significantly clause 27 of the proposed trust order provides for the internal division of the block into three separate areas. It is proposed that the areas will be governed by three separate cluster groupings. The minutes of the meeting record that 59 p...