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1. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 304 KB]

   ...provide certain information.1 8. Parties to a pay equity claim who are having difficulties in resolving that claim may seek the assistance of the Employment Relations Authority in resolving those difficulties, through a process called facilitation. Clause 33(2) of the Bill provides that a party to facilitation may only make a public statement about facilitation if it is made in good faith, and limited to the process of facilitation or the progress being made. The clause therefore appears...

2. BORA Public Transport Management Bill [pdf, 256 KB]

   ...reversal of the onus of proof is generally considered to be more easily justifiable for regulatory offences. Those who choose to participate in regulated industries should expect to meet certain standards of behaviour.6 12 We consider that these clauses can be described as regulatory in nature. The requirement to register services (or variations or withdrawals) enables regional councils to plan and manage the public transport services in their regions. The council has a power to decli...

3. Bidois - Estate of Hikairo Paul (2016) 152 Waiariki MB 298 (152 WAR 298) [pdf, 341 KB]

   ...Kararaina Bidois. (3] It was subsequently brought to the Court's attention that fhrther consideration was required as to whether Ms Bidois is entitled to receive the Maori land interests absolutely per s 108(2) ofTe Ture Whenua Maori Act 1993 and clause 2.0 ofHikairo Paul's Will or whether the entire Will fails and the provisions for intestacy apply. [4] I subsequently directed that the Deputy Registrar file an application for the matter to be reheard. The rehearing took p...

4. 20240911-Smokefree-Environments-and-Regulated-Products-Amendment-Bill-No-2.pdf [pdf, 307 KB]

   ...provisions that require the provision of information and provisions that restrict the right to impart information and opinions of any kind and in any form. The right not to be compelled to say certain things or to provide certain information 8. Clauses 9 and 24 of the Bill amend the Principal Act by requiring the provision of information. Clause 9 adds to the kind of information that currently must be provided to the Director- General of Health. Clause 24 adds to the kind of informa...

5. [2017] NZEmpC 51 E Tu Inc v New Zealand Transport Agency [pdf, 211 KB]

   ...there was no entitlement to retain parity with the remuneration midpoint. Rather, an employee’s position in the band and any movement to that position would be based on both the employee’s performance and various affordability factors. b) Clauses L 6 and L 16 were also relevant; these did not state or imply that those who had met expectations should be remunerated at the midpoint of the range. Clause L 16 was to be read in context with cl L 18, which made it clear that an em...

6. Giddy v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 94 [pdf, 224 KB]

   ...Held at: Wellington by AVL Appearances: F Taylor for the Appellant I Hunt for the Accident Compensation Corporation Judgment: 8 June 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation - Schedule 1, clause 52, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 July 2022. The Reviewer dismissed an application for review of the Corporation’s decision dated 4 March 2...

7. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill [pdf, 174 KB]

   ...receive, and impart information and opinions of any kind in any form. The Courts in Canada and the United States have held that freedom of expression necessarily entails the right to say nothing or the right not to say certain things.1 7. Clause 55(4) of the Bill empowers the EPA to require information that is relevant and reasonably necessary to decide an application from: a) a person who reviewed the impact assessment, and b) a person who is heard or represented at the heari...

8. Landcorp Farming Limited v Waikato Regional Council [pdf, 267 KB]

   IN THE ENVIRONMENT COURT ENV-2020- IN THE MATTER of an appeal under clause 14(1) of the First Schedule to the Resource Management Act 1991 BETWEEN LANDCORP FARMING LIMITED Appellant AND WAIKATO REGIONAL COUNCIL Respondent Notice of appeal by Landcorp Farming relating to Plan Change 1 17 August 2020 TO: The Registrar Environment Court Auckland 1. Landcorp Farming Limited (Pāmu), appeals against part of a decision of Waikato Regional Co...

9. MJ v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 220 [pdf, 195 KB]

   ...by AVL Appearances: The Appellant is self-represented R Roff for the Accident Compensation Corporation (“the Corporation”) Judgment: 21 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation – clause 52, Schedule 1, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 3 March 2023. The Reviewer dismissed an application for review of: (a) the Corporation’s de...

10. BORA Immigration Advisers Licensing Bill [pdf, 295 KB]

    ...matters, unless they are exempted. 4. The Bill is directed at ensuring that the interests of potential migrants are protected when receiving immigration advice and that New Zealand's reputation as a migration destination of choice is enhanced (see clause 3 of the Bill). The provisions of the Bill therefore extend to those providing advice both in New Zealand and overseas. 5. The Bill raises issues of potential inconsistency with section 21 (the right to be secure against unreasonab...