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1. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...the price of medicine. f) In contemplating the TPPA the Crown is putting the rights of trans-national corporations ahead of the rights of Maori and in so doing is failing to meet its obligations to Maori under the Treaty. g) Even if an exception clause is inserted in to the TPPA and is properly worded Crown policies which purport to benefit Maori will be open to scrutiny as to whether the exception clause should apply. h) The granting of a power by the Crown to other countries and co...

2. Joe - Tataraakina C (2003) 173 Napier MB 51 (173 NA 51) [pdf, 494 KB]

   ...13. The applicant maintains that the trustees have breached the Trust; the trustees and PRL maintain that they have not breached the Trust order. 14. The relevant provisions in the Trust order which require interpretation include the following: Clause 2 Objects Except as hereinafter may be limited, the objects of the trust shall be to provide for the use management and alienation of the land to the best advantage of the beneficial owners or the better habitation or use by beneficial o...

3. Hettige and Gerreyen v Smith [2015] NZIACDT 9 (19 February 2015) [pdf, 76 KB]

   ...services he agreed to supply to the complainants, and communicate with them appropriately. Negligence is a ground for complaint under section 44(2) of the Immigration Advisers Licensing Act 2007 (the Act). Furthermore, the same conduct was a breach of clause 1.1(a) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) which required Mr Smith to perform his services with professionalism. [5.2] He did not provide a copy of his client file when the Registrar required him...

4. BORA Employment Relations (Triangular Employment) Amendment Bill [pdf, 136 KB]

   ...agrees to perform work for the other business in accordance with their directions or requirements.3 The Employment Court noted that in such employment models, it can be uncertain who bears responsibility for an employee’s working conditions.4 4. Clause 5 inserts a new provision into s 56(1) of the Employment Relations Act 2000 regarding the application of a collective agreement. Clause 5 provides that employees of a primary employer may in certain circumstances be bound by a collectiv...

5. BORA 2003 Taxation Annual Rates GST Trans Tasman Imputation and Miscellaneous Provisions Bill [pdf, 89 KB]

   ...proposed amendments to the Income Tax Act appears to give rise to an issue of prima facie discrimination on the grounds of marital status and sexual orientation. In the report on the Income Tax Bill 2002, the attention of the House was drawn to a number of clauses that gave rise to discrimination on the grounds of marital status and sexual orientation. That report recognised that, in general, the income tax regime in New Zealand treats married couples, opposite-sex de facto couples and same-s...

6. BORA Electricity (Renewable Preference) Amendment Bill [pdf, 144 KB]

   ...re- enact a ban on the thermal generation of electricity that was included in the Electricity (Renewable Preference) Amendment Act, enacted in September 2008, and repealed in December 2008 by the Electricity (Renewable Preference) Repeal Bill. 4. Clause 5 of the Bill inserts a new Part 6A (Restriction on new fossil-fuelled thermal electricity generating capacity) into the Act. The stated purpose of new Part 6A is to reduce the impact of fossil-fuelled thermal electricity generation on cl...

7. 2022-02-18 Statement of Evidence of Felicity Boyd - Urban Provisions Parts A, G & H - dated 18 February 2022 [pdf, 3.1 MB]

   ...existing systems or whether existing systems were excluded from the requirement. The submitter sought the following amendments:35 (b) Requiring the implementation of reasonable measures to: 47 SDHB supported the policy in part and sought to retain clauses (a), (b)(i), (c) and (d) as notified. The submitter sought to amend clause (b)(ii) as follows: (b) Requiring the implementation of measures to: … (ii) Minimise the likelihood of Eliminate as far as practicable dry wea...

8. Bisschoff v Yerman [2015] NZIACDT 101 (11 December 2015) [pdf, 165 KB]

   ...was not required under her service agreement. [6] The four potential breaches the Registrar identified as potentially arising under the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) arising out of that background are: [6.1] Clause 2.1(b) and 3 of the 2010 Code – staff management. Ms Yerman relied on unlicensed staff to perform tasks essential to assessing eligibility for immigration options, and considered her main role was determining eligibility prior to meetin...

9. McLaren v Standing [2012] NZIACDT 56 (30 August 2012) [pdf, 134 KB]

   ...been provided, that would potentially be regarded as material when determining the present complaint, subject to any submissions on the point. Request for further information from Mr Standing [33] The Licensed Immigration Advisers Code of Conduct (clause 3) requires Mr Standing to maintain complete client records for seven years, and confirm, in writing, the details of material discussions with clients. Accordingly, he should be in a position to present a fully documented record of th...

10. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

    ...seek, receive and impart information and opinions of any kind in any form. Freedom of expression includes the right not to say anything or certain things. Removing the specificity of the Commissioner’s power to require personal information 6. Clause 8 of the Bill amends section 13 of the Child Support Act 1991, which empowers the Commissioner to require additional information from an applicant for a formula assessment for child support, so that the power is no longer explicitly to be...