Search Results

1. 2021-10-27 ORC - MOC - seeking clarification on proposed amendments [pdf, 111 KB]

   ...clarification of amendments of a typographical nature. 3 In bringing these matters to the attention of the Court counsel doesn’t wish to unnecessarily trouble the Court and notes that the Council could in the alternative make corrections under Clause 16(2) of Schedule 1 of the RMA. Policy 10A.2.3 4 Policy 10A.2.3 includes a clause ‘(x)’. The Council wishes to clarify whether clause ‘(x)’ should be clause ‘(a)’. 10A.3.1.1 entry condition (iii) 5 Entry conditi...

2. [2012] NZEmpC 84 New Zealand Educational Institute (Inc) v Secretary for Education [pdf, 159 KB]

   ...State Sector Act 1988 (as amended by the Employment Relations Act 2000); and (b) The New Zealand Educational Institute Te Riu Roa (NZEI). 1.2 Application The agreement shall be binding on: (a) Each employee who comes within the coverage clause and who is or becomes a member of NZEI Te Riu Roa. (b) Each employer, as defined in 1.6.4 below. … 1.6 Definitions … 1.6.4 ‘Employer’ shall mean a Board of Trustees constituted pursuant to the Education Acts 1964 a...

3. BORA - Homes and Communities Bill [pdf, 139 KB]

   15 May 2019 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Homes and Communities Bill Purpose 1. We have considered whether the Homes and Communities Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have not yet received a final version of the Bill. This advice has been prepared in relation to the most recent version of the Bi

4. [2022] NZEnvC 225 Inglis v Tasman District Council [pdf, 1.7 MB]

   IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KOTI TAIAO O AOTEAROA KI OTAUTAHI IN THE MA TIER AND BET\VEEN AND Decision No. [2022] NZEnvC 225 ofthe Resource Management Act 1991 an appeal under s358 of the Act PETER GEOFFREY THOMAS INGLIS (ENV-2022-CHC-12) Appellant TASMAN DISTRICT COUNCIL Respondent Environment Judge J J M Hassan - sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 3 November 2022 CONSENT ORDER A: Und

5. BORA Fiordland Marine Management Bill [pdf, 286 KB]

   ...and proportionate connection between the limitation on the right and that objective.1 Section 20 – rights of minorities 10. Schedule 2A stipulates certain general conditions that are attached to specific activities that occur within the FMA. Clause 1, for example, places conditions on the removal of pounamu, whilst clause 2 places similar conditions on the taking of dead marine mammals. 11. As restrictions on the collecting and taking of pounamu and marine mammals appear to infr...

6. BORA Education Amendment Bill no three [pdf, 144 KB]

   ...inconsistency with sections 27(1) (right to natural justice) of the Bill of Rights Act and assessed whether or not one of these issues is justifiable under section 5 (Justified limitations) of that Act. To that end we examined whether the relevant clause serves an important and significant objective and whether there is a rational and proportionate connection between this clause and that objective.1 3 We have reached the conclusion that the Bill appears to be consistent with the right...

7. BORA International Non-Aggression and Lawful Use of Force Bill [pdf, 388 KB]

   ...8. In assessing whether a Bill gives rise to possible discrimination we consider whether the Bill draws a distinction on one of the prohibited grounds and whether that distinction involves disadvantage to one or more classes of individuals. 9. Clause 5 of the Bill makes it an offence for any New Zealand leader to plan, prepare, initiate or execute an act of aggression. Clause 3 of the Bill defines a New Zealand leader as a citizen or a permanent resident of New Zealand, who is in a pos...

8. [2014] NZEmpC 168 New Zealand Airline Pilots Association v Air New Zealand Ltd [pdf, 185 KB]

   ...words “any agreement” in cl 24.2, the Authority concluded that this was intended to be a reference only to a collective agreement, and then not to parts but, rather, to the whole of a collective agreement. The Authority concluded that the clause was plainly worded and that NZALPA’s interpretation did “violence to the plain words of the relevant clause”. 3 Approach to interpretation [10] It is appropriate to record the Court’s task in this dispute and the way that it...

9. Mackey - Succession to Rangi Hawea MacKey (2022) 113 Tairawhiti MB 37 (113 TRW 37) [pdf, 419 KB]

   ...Mackey Whaipooti Whānau Trust, in addition to those he is entitled to succeed to from the deceased. All his siblings, being the remaining children of the deceased, have signed a Deed of Whānau Arrangement dated 4 April 2016. That deed records at clause “E” that: 113 Tairawhiti MB 39 The whānau have requested Wi to transfer the lands in the Schedule to the MACKEY WHAIPOOTI WHĀNAU TRUST which is in accordance with decisions made at the whānau meeting on 22 Jun...

10. Fergusson v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 119 [pdf, 194 KB]

    ...return, and any related accounts, have not been unreasonably influenced by— (i) the fact of the claimant’s incapacity; or 7 (ii) the effects or likely effects of the incapacity on the claimant’s income or business activities. [25] Clause 31 of Schedule 1 of the Act provides: 31 Use of income tax returns in determining earnings If the Corporation is determining earnings under this Part in relation to a self- employed person or a shareholder-employee, it must take an in...