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...for day employees). 1 [2010] NZCA 317, [2010] ERNZ 317. 2 [2011] NZEmpC 126. 14.6 Time served as an apprentice with the company shall count as time served the purpose of this clause. 14.7 Shift employees shall be entitled to an additional annual holiday of 42.5 work hours per year. Summary of parties’ submissions [5] The plaintiff submits that the leave entitlements contained in the collective agreement wer...
...the new agreement for payment for travel between clients’ time and cost would be as detailed in the Bill. 5. The Bill provides a mechanism to ensure that no HCS employee is financially disadvantaged by the prior agreements becoming unenforceable. Clause 10 requires an HCS employer to compensate an HCS employee if the employee’s entitlement for travel between clients after the commencement of the Bill is less than the employee’s entitlement would have been. 6. Clause 24 clarifi...
IN THE ENVIRONMENT COURT ENV-2020-AKL-000147 AT AUCKLAND I MUA I TE KOOTI TAIAO O AOTEAROA TĀMAKI MAKAURAU IN THE MATTER of the Resource Management Act 1991 A N D IN THE MATTER of an appeal pursuant to clause 14(1) of the First Schedule of the Act BETWEEN Landcorp Farming Limited Appellant A N D WAIKATO REGIONAL COUNCIL Respondent NOTICE OF PERSON’S WISH TO BE PARTY TO PROCEEDINGS Section 274 Resource Management Act 1991 29...
...conclusion by first noting section 10 of the Legislation Act which requires the meaning of legislation to be ascertained from its text and in light of its purpose and its context. Judge Spiller then identified the key relevant provisions of the Act as Clauses 49(3) and 51 (2) of Schedule 1 and considered these in light of section 10. 1 Samuela v Accident Compensation Corporation [2023] NZACC 162. [16] His Honour considered the text of clauses 49 (3) and 51(2). The explicit wordi...
...between the trustees and the late alker Manaena are as follows: • Commencement d te: • Termination date: • Rent: • Capitallmprovem nts: 30 April 1996 29 May 2008 $4,000.00 p.a. for the first 4 years then reviewable 2 yearly thereafter. Clause 44 provided for the sum of $13,719.69 to be offset against the rental payable by Mr Manaena. In addition, clause 45 provided for Mr Manaena to establish and maintain an apple orchard on the property. 7. In 1996 Mr Manaena ntered...
...in the 1970's and 1980's entered into forestry leases of their land with the first respondent (UNZFP") for terms of approximately 99 years each, the last of which is scheduled to run until 2087. The leases prohibit assignment etc (clause 7). NZFP is an incorporated company the shareholding of which has changed on several occasions during the terms of the leases . In about June 1990 the second respondent ("CHH") acquired shares in NZFP and by December 1990 ha...
...Fair Trading Act 1986. Decision [3] ZWN agreed to ADM Ltd’s Hire & Sales Contract Terms and Conditions (the “Agreement”) when hiring the truck and excavator. A hirer’s liability for damage to hired equipment is specified in clauses 7.1 and 7.2 of the Agreement: 7.1. Subject to clause 10 (Insurance – Damage Waiver on Hire), in the case of hired equipment, the Hirer is responsible for any loss or damage to the equipment from the time the Hirer takes possess...
...been a level 4 provider for many years. (e) She has well exceeded the legislative criteria for approval. 3 [10] In response, the Secretary relies on the decision of 7 February 2012 and the reasons contained in it. DISCUSSION [11] Clause 1 of the Schedule to the Legal Services (Quality Assurance) Regulations 2011defines Category 4 criminal proceedings to mean any trial or indictment before a jury or a judge alone and where the defendant may be liable to a sentence of l...
...Bill 2007 ('the Bill'), (PCO 8012/3) is consistent with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). We understand that this Bill will be considered by the Cabinet Legislation Committee at its meeting on 15 November 2007. 2. We understand that the Bill is likely to be subject to further amendments before it is submitted to Cabinet, and we will provide you with further advice should this prove necessary. 3. The Bill is an omnibus piece of legis...
...[14] In para 23 of his submissions, Mr David helpfully set out the "salient points" to the background of the retiring gratuities. I did not understand them to be in dispute: a) The WDHB retiring gratuity clause (and other DHB gratuity clauses) have remained in substantially the same terms throughout their inclusion in industrial awards, collective contracts [and] collective agreements down to inclusion in the 2012 MECA. (b) Early awards under the Labour Relations Ac...