Search Results

1. LCRO 12/2014 EE v Standards Committee (31 May 2018) [pdf, 259 KB]

   ...mortgage, (cl 17) provided that painting work was to be completed within three months of the date of the advance and that $13,500 was to be retained in the mortgagee’s solicitor’s trust account, to be released on completion of the work. [6] That clause also recorded that the mortgagee could attend to the work, in the event of default by the mortgagor. [7] Clause 17 (which, though interpolated amongst the standard clauses, is a one off for this mortgage) says: The mortgagor...

2. LCRO 76/2018 HS v WA (19 February 2019) [pdf, 175 KB]

   ...schedules.1 It includes provision for separation,2 defines what separate property is, sets out their wishes in respect of intermingled property and property not specifically identified in the agreement,3 and provides mechanisms to resolve disagreement. Clause 1, which refers to separate property “at all times in the future”, says it is subject to clause 2, which is the clause that sets out what happens if the parties separate. It recorded that Mr HS and Ms M were to share the c...

3. V Nair v Devi [2014] NZIACDT 5 (29 January 2014) [pdf, 63 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2014] NZIACDT 5 Reference No: IACDT 019/13 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Vijendra Latchman Nair Complainant AND Artika Archina Devi Adviser NAMES AND IDENTITY OF THE PARTIES NOT TO BE PUBLISHED PENDING FURTHER OR

4. BORA Children, Young Persons, and Their Families Amendment Bill (No 6) [pdf, 154 KB]

   ...including: • increasing the upper age in the definition of "young person" in the CYPF Act to include 17 years olds; • clarifying when government and non-government organisations can appropriately share information under the CYPF Act. 5. The Bill also makes a number of changes to the care and protection provisions of the CYPF Act, the provisions for disabled children in out-of- home placement, and to the child offender and youth justice provisions. POSSIBLE ISSUES OF INC...

5. Moala v Tangilanu [2014] NZIACDT 56 (29 April 2014) [pdf, 108 KB]

   ...adviser breached the Licensed Immigration Advisers Code of Conduct 2010, in that she breached her duties: [5.1.1] Of care, diligence, respect and professionalism under the Code of Conduct, in performing her services and carrying out instructions (clause 1.1(a) and (b)); and [5.1.2] To maintain professional business practices, including confirming in writing to clients when applications have been lodged, with ongoing timely updates (clause 3(a)). [6] In outline, the background was:...

6. [2007] National Distribution Union Inc v General Distributors Ltd AK AC 7/07 [pdf, 269 KB]

   ...agreement may provide in the agreement for bargaining fees to be paid to the union by employees who are not members of the union but who wish to have the terms and conditions of employment contained in the collective agreement. (b) If such a clause is agreed, all employees within the scope of the coverage clause of the collective agreement must be balloted to determine whether they are in favour of the bargaining fee clause. If a majority votes in favour, the clause becomes opera...

7. BORA Aquaculture Reform Bill [pdf, 458 KB]

   ...11. Part 5, subpart 2 of the Bill provides a mechanism for the allocation to Māori of marine farming space in recognition of marine farming space that became available for aquaculture activities between 22 September 1992 and 31 December 2004. Clause 73(2) requires the Crown to use its best endeavours to distribute 20% of this space to Te Ohu Kai Moana Trustee Limited ("TOKMTL") 2 by 31 December 2014. The Crown may comply with its obligations by directing regional councils to...

8. [2015] NZEmpC 176 Lean Meats Oamaru Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 222 KB]

   ...subsequently acquired by ABCO Meats Limited (ABCO). In late 2004, ABCO entered into a collective employment agreement (the 2004 CEA) with the Union. It covered work relating to the slaughter and primary processing of animals at the abattoir. Clause 7 of this CEA dealt with rest breaks in the following terms: 7. SMOKO Employees shall be allowed 2 breaks of half-hour during any one day – one of which shall be paid and one shall be unpaid. The paid break shall only be paid...

9. [2021] NZEmpC 202 Orora Packaging Ltd v E Tu Inc [pdf, 203 KB]

   ...Skelton QC, counsel for the applicant, argued that the brief of Mr Pollak contained evidence that was not relevant and was inadmissible because it contained evidence of Mr Pollak’s subjective understanding or intention about the meaning of the clauses, evidence of intention and negotiations which were not attributable to the parties, and evidence that was not reasonably available to all the parties. Counsel also submitted that to allow the brief in, at least in its current form, wo...

10. [2019] NZEmpC 93 ITE v ALA [pdf, 278 KB]

    ...[2016] NZEmpC 42, (2016) 15 NZELR 16; ALA v ITE [2017] NZEmpC 39; ALA v ITE [2017] NZEmpC 109; ALA v ITE (No 2) [2017] NZEmpC 128; ALA v ITE (No 3) [2017] NZEmpC 130 and ALA v ITE, above n 1. 5 ITE v ALA, above n 1 (footnotes omitted). Clause 1 These terms of settlement and the fact that a settlement has been reached and all matters discussed on a without prejudice basis at the meeting between the parties … shall remain, as far as the law allows, or [the defendant] po...