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1. 2021-03-14 Tom De Pelsemaeker - Supplementary - Appendix 1 [pdf, 314 KB]

   ...Otago. Proposed Plan Change 7 (Water Permits) is intended to provide an interim regulatory framework for the assessment of applications to renew: • deemed permits expiring in 2021 • any other water permits expiring prior to 31 December 2025, the date by which the new Regional Land and Water Plan (LWRP) is expected to be operative. The Plan Change also establishes a requirement for short duration consents for all new water permits granted under the operative Water Plan ru...

2. [2016] NZEmpC 167 Labour Inspector v Tech 5 Recruitment Ltd [pdf, 250 KB]

   ...Authority’s determination [24] Both the Labour Inspector and Tech 5 challenged the Authority’s determination. 2 The Labour Inspector challenged the determination recorded at “A”, that Tech 5 had not sought a premium. That paragraph reads: Clauses 6 and 7 of Addendum 1 which are bond clauses do not amount to the seeking of a premium for the purpose of s 12A of the Wages Protection Act 1983 [WPA] because there was no evidence of an attempt by Tech 5 Recruitment Limited...

3. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...the following grounds of complaint as matters potentially supported by evidence: [5.1] Ms Xue was responsible for an advertisement that disclosed confidential information relating to the complainants. That potentially breached her obligations in clause 1.2 of the Code of Conduct. [5.2] The same advertisement, represented as a true account, contained false and exaggerated information to promote her practice. That potentially breached her obligations in clause 5.1 of the Code of Conduct....

4. BP & EP v H Ltd [2024] NZDT 290 (9 May 2024) [pdf, 92 KB]

   ...contract is an agreement the parties intend to be legally bound by. It becomes binding when the terms of the contract are clear and certain. In this case, despite the fact that the contract was in writing, there is a dispute about the meaning of the clauses relating to the margin that can be added to labour charges. 4. BP and EP point out that clause 27 of the contract says that a 10% builders margin does not apply to the labour rates specified in the charge up schedule because the mar...

5. Burn v CAC 20002 & Anor [2014] NZREADT 25 [pdf, 144 KB]

   ...conduct; and it determined to take no further action. Extracts from the thoughtful reasoning of the Committee are: “4.5 There are some aspects of the sale of the property which the Committee questions: 4.1.1 The Agreement for Sale and Purchase at clause 6.1(1)(a) states: ‘the vendor warrants and ... has no knowledge of any outstanding requirement ... from any local authority”. If the Licensee knew about the non-compliant deck why did he not get the vendor to amend this clause...

6. [2013] NZEmpC 224 Lyttelton Port Co Ltd v Rail & Maritime Union [pdf, 118 KB]

   ...Union). The Company and the Union are parties to a collective agreement which covers members of the Union who do specific work and are “employed by the Company at the Port of Lyttelton”. The issue in this case is whether the coverage clause includes the second defendants. The defendants say that they are covered. The plaintiff says they are not. [3] This dispute was investigated by the Employment Relations Authority which determined it in favour of the defendants. 1 Th...

7. [2021] NZEmpC 8 Commissioner of Police v New Zealand Police Assoc Inc [pdf, 464 KB]

   ...JUDGMENT OF JUDGE B A CORKILL Introduction Background [1] At issue is the interpretation of a longstanding term of collective employment agreements relating to Police Constables of the New Zealand Police (Police). Since 2006, the material clause has stipulated a motor vehicle reimbursement allowance is to be paid to Police employees if they are required to travel to an alternative place of work which requires them to travel a greater distance than they would normally travel...

8. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...the Contractor by the Owner (either by the Owner directly or the Dairy Company on instruction from the Owner), which is calculated by multiplying the Contractor Rate by the amount of Milksolids produced (in kgMS) by the Herd under this Agreement (clause 1.1, Part 3). c) The Owner will pay the Contractor the Contractor Payment calculated using the Contractor Rate set out in Item 5 (cl. 10.1, Pt 3). d) Following termination, each party will be entitled to all payments and deferred pa...

9. BORA Taxation (Business Tax, Exchange of Information and Remedial Matters) Bill [pdf, 169 KB]

   ...information. 1 7. There are a number of provisions in the Bill that compel the provision of specific information, including: 1 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) a. clause 10 which outlines information that must be provided to the Commissioner when registering a foreign trust, when details of the foreign trust change and as part of an annual return b. clause 24 which requires financial institutions an...

10. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

    ...vaccination a more apparent part of New Zealand’s COVID-19 response framework, in particular in imposing, allowing or prohibiting vaccination requirements to enter certain places and in relation to vaccination requirements in the workplace. 7. Clause 6 of the Bill amends section 11 of the CPHR Act, which provides for COVID-19 Orders to be made. In particular: a. providing further examples of orders that may be made requiring a person to stay in, or refrain from going to, per...