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Search results for clause 5.

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  1. Sell v Harris [pdf, 117 KB]

    ...appraisal certificate (no. 243) issued by the Building Research Association of NZ. That body had appraised Harditex and concluded that if the product was installed in accordance with the February 1996 technical information, it would comply with clauses B1, B2, E2 and S2 of the Building Code. [21] At the heart of this claim, as is the case with most leaky home claims, is the fact that wood exposed to water will tend to rot. It is not disputed that the entry of water into thi...

  2. [2012] NZEmpC 199 Faitala & Goff v Terranova Homes & Care Ltd [pdf, 217 KB]

    ...Relations Authority. 1 1 [2012] NZERA Wellington 100. [2] The plaintiffs are employed by the defendant as caregivers at a rest home. They are paid the statutory minimum wage of $13.50 (gross) per hour. Both are members of a KiwiSaver scheme. The narrow point at issue is whether their employer is entitled to deduct the employer’s compulsory KiwiSaver contribution from the employees’ gross wages in circumstances...

  3. LCRO 70/2020 FL v TP (8 October 2020) [pdf, 192 KB]

    ...compensation orders flowed from the Committee’s determination. [3] The Standards Committee delivered its determination on 19 February 2020. [4] Ms FL lodged her application to review the Committee’s determination on 14 April 2020. 2 [5] Review applications must be filed within 30 working days after a copy or notice of the determination is served on, given to or otherwise brought to the attention of the applicant for review. In the absence of proof to the contrary, service...

  4. [2023] NZEmpC 90 Fire and Emergency New Zealand v New Zealand Professional Firefighters Union [pdf, 291 KB]

    ...July 2013 to 30 June 2015, extracts of the CEA for 1 July 2018 to 30 June 2021, and a full copy of the CEA for 1 July 2021 to 30 June 2024. [14] The methodology set out in the 2013 Agreement was reflected in each of these CEAs. Two particular clauses should be mentioned. The first is in a section entitled “Payment for working on public holidays” and says: 2.6.2.8 Where an Employee works an overtime shift or overtime hours on a public holiday, that employee will be pa...

  5. [2024] NZEnvC 273 Department of Corrections v New Plymouth District Council [pdf, 455 KB]

    ...AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 273 IN THE MATTER OF an appeal under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN ARA POUTAMA AOTEAROA – DEPARTMENT OF CORRECTIONS (ENV-2023-AKL-000085) Appellant AND NEW PLYMOUTH DISTRICT COUNCIL Respondent AND KĀINGA ORA - HOMES AND COMMUNITIES Section 274 party Court: Environment Judge M J L Dickey sitting alone under s 279 of the Act Last case event: 12 June 2024...

  6. [2025] NZIACT 42 – CE v Asici (14 August 2025) [pdf, 127 KB]

    ...opportunity. [36] The provision to a client in a written communication of the opportunity to ask questions about an agreement is not a discharge of a mandatory obligation to explain an agreement. No such explanation was given in the email. Clause 18(b) requires an actual explanation, not merely notification of the ability to seek an explanation. This is an important step towards consumer protection, ensuring the client has a proper understanding of his or her responsibilities a...

  7. 2021-02-12 Willowridge Affidavit Alison Devlin Exhibit B [pdf, 25 MB]

    Queenstown Lakes District Council - Private Bag 50072 - Queenstown 9348 - Tel 03 441 0499 - www.qldc.govt.nz 1 2 3.1 Step 1 – Mandatory public notification 3.2 Step 2 – Public notification precluded 3 3.3 Step 3 – If not precluded by Step 2, public notification is required in certain circumstances 4 5 3.4 Step 4 – Public Notification in Special Circumstances 4.1 Step 1: certain affected groups and affected persons must be notified 4.2 Step 2: if not require

  8. LCRO 11/2024 GD and CZ v BO (30 May 2025) [pdf, 429 KB]

    ...involving or informing the New Zealand executors. [34] The firm then received a “letter of instruction from beneficiaries” signed by the named beneficiaries and the PA stating relevantly that “…even though she does not fully comply with the clause…we all agree she has a claim in accordance with the will and that she has a right to a maximum of 30 per cent of the estate”. 6 [35] The letter did not record why the PA did not “fully comply with the clause”. It did r...

  9. Regulatory Impact Statement Implementation of the anti money laundering and countering financing of terrorism act 2009 proposed regulations [pdf, 1.1 MB]

    ...Act's coverage Overview The AMUCFT Act upon commencement will apply to businesses that come within the definition of a 'reporting entity', which includes casinos and 'financial institutions' (for interpretation refer section 5 of the AMUCFT Act), along with particular financial products insofar as they are relevant to the objectives of the Act. The AMUCFT Act can include within its coverage, via regulations, additional sectors and products relevant to the object...

  10. LCRO 24/2017 HC v DASH (24 January 2020) [pdf, 216 KB]

    ...need to be independently advised. [115] I do not agree with Mr HC’s description of the drafting of the sale and purchase agreement as work that was essentially “secretarial” in nature. It was not. The agreement includes no fewer than 14 clauses recording further terms of sale. Those terms detail the issues that have to be addressed with the subdivision to allow the transfer to take place. The agreement is not the product of secretarial work. It was an agreement drafted...