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1. FF Ltd v BX [2024] NZDT 205 (24 January 2024) [pdf, 138 KB]

   ...IL purchased the property from BX. CS Ltd received a commission from the sale of the property. 4. FF Ltd claim that they are entitled to a commission from the sale of 27 January because the Sole Agency agreement between BX, TD and FF Ltd at clause 5.1.3 provides for a right of commission where a client enters into an agreement to sell the property within 6 months of the expiry, cancellation or termination of the agreement with FF Ltd, to a purchaser introduced by FF Ltd. 5...

2. UM v BD [2024] NZDT 699 (15 November 2024) [pdf, 215 KB]

   ...could pose a safety risk to other road users. As the accident happened within minutes of the hire, and in view of the witness observations, BD staff felt it appropriate for safety reasons to refuse the request for a replacement vehicle. 10. As clause 5.6 states BD can request the immediate return of a vehicle if there is damage to the vehicle or if injury to property has occurred, in view of the circumstances of accident, I find it was reasonable for BD to not provide a replacement v...

3. 28072025-Public-Service-Amendment-Bill.pdf [pdf, 245 KB]

   ...organisation, to act collectively, rather than simply to associate as individuals.2 The right recognises that everyone should be free to enter a consensual arrangement with others and promote common interests of the group. 7. The Bill proposes (clause 38, new cl 5C of Sch 3 of the principal Act) that the Public Service Commissioner may, if necessary to manage risk to national security or the national interest, issue a direction to public service agencies restricting (including prohi...

4. BORA Ngati Porou Claims Settlement Bill [pdf, 282 KB]

   ...(cl 14). Such bodies retain jurisdiction over the interpretation or implementation of the deed or the Act. 3. The Bill would transfer various items of commercial and cultural redress in settlement of historical claims. Section 27(2) issue 4. Clause 13 provides that the historical claims are finally settled. It also removes the jurisdiction of the courts and Waitangi Tribunal over the historical claims and the settlement. This raises an issue about compliance with s 27(2) of the Ne...

5. Chand v Devi [2014] NZIACDT 25 (14 March 2014) [pdf, 138 KB]

   ...occupation was driver, not a diesel mechanic. [8] The Registrar identified the facts could potentially result in adverse findings that the adviser: [8.1] Breached the Code of Conduct through lack of due care, diligence, respect and professionalism (Clause 1 of the Code), and in misrepresenting or promoting immigration opportunities in a false, fraudulent or deceptive manner (Clause 5 of the Code). [8.2] Was negligent (section 44(2)(a) of the Act). 3 [8.3] Incompetent (s...

6. V Ltd v BS [2023] NZDT 695 (8 December 2023) [pdf, 154 KB]

   ...policy the commission is clawed back by the insurer from V Ltd which in turns claws it back from the independent contractor. V Ltd is seeking $28,000; BS disputes the claim. 2. The issues to decide are: I. Is it reasonable to imply a clawback clause in the contract? II. If so, would such a clause be a personal guarantee? III. Did V Ltd contribute to the clawback through lack of management? Implying the clause 3. To remove any doubt, V Ltd and BS entered into a contra...

7. [2011] NZEmpC 135 NZ Amalgamated Engineering Printing and Manufacturing Union v Amcor Packaging [pdf, 111 KB]

   ...challenged in this Court the whole of a determination 1 of the Employment Relations Authority (the Authority) dated 11 January 2011, which dealt with the interpretation of a provision in a collective employment agreement relating to overtime. The clause in the collective agreement defined overtime as time worked in excess of 40 hours per week. The short point at issue between the parties was whether authorised absences from work counted as hours worked for the purposes of calcula...

8. [2022] NZEnvC 119 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   Northland Proposed Regional Plan – Topics 7 & 9 IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 119 IN THE MATTER OF an appeal under clause 14 of Schedule 1 of the Resource Management Act 1991 BETWEEN MANGAWHAI HARBOUR RESTORATION SOCIETY (ENV-2019-AKL-110) FEDERATED FARMERS OF NEW ZEALAND (ENV-2019-AKL-114) HORTICULTURE NEW ZEALAND (ENV-2019-AKL-116) MINISTER OF CONSERVATION (ENV-2019-AK...

9. N v Letalu [2015] NZIACDT 41 (16 April 2015) [pdf, 139 KB]

   BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2015] NZIACDT 41 Reference No: IACDT 019/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN N G and N M N Complainant AND Ueite (Itaotemai) Letalu Adviser THE NAME AND ANY INFORMATION IDENTIFYING THE COMPLAINANTS IS NOT TO BE PUBLISHE

10. [2012] NZEmpC 211 Service and Food Workers union Nga Ringa Toa & Page v Sealord Group Ltd [pdf, 262 KB]

    ...the collective agreement which was current in 2009. [2] Mrs Page has worked at the Vickerman Street plant for about 17 years. In terms of the collective agreement, she was paid on grade 2K. The parties are in dispute over the interpretation of clause 12 of the collective agreement which allows employees who are multi-skilled to be assessed for a higher grade if certain criteria are met. The essential issue is whether Mrs Page met the criteria in clause 12. [3] The Union and Mrs...