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1. Grindle v CAC 20005 & Davis [2014] NZREADT 84 [pdf, 60 KB]

   ...2012, two additional offers were presented by Ms Copland and a multi- party offer document was signed by the interested parties. [6] On 10 December 2012, the vendors accepted Ms Davis’ offer, which was conditional on the sale of her own home. Clause 18 of the 10 December 2012 purchase contract for the complainant made that contract conditional upon the complainant selling her then home by 14 January 2013; and there were other conditions. That contract provided for payment of the bala...

2. [2018] NZEmpC 138 Samuels v Employment Relations Authority [pdf, 295 KB]

   ...or (b) the determination or order is outside the classes of determinations or orders which the Authority is authorised to make; or (c) the Authority acts in bad faith. [10] Section 184(1) comprises what is commonly referred to as an ouster clause. On its face, it presents a significant hurdle to Mr Samuels’ application for judicial review. The extent to which the hurdle might be navigable needs to be assessed having regard to the provision viewed in context, relevant caselaw...

3. [2023] NZEmpC 148 Chain & Rigging Supplies Ltd v Nikorima [pdf, 235 KB]

   ...are fair and reasonable for the proper preservation of the goodwill of our business, and the value of the remuneration and benefits referred to in this agreement are fair and reasonable consideration for you giving the restraints. 15.5 If this clause or any part of it is held invalid for any reason by any Authority or Court with jurisdiction to consider such clauses, the clause shall apply as modified by the Court or Authority or, if it is not modified, the remainder of this claus...

4. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...Taonga Bill 9 AUGUST 2011 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: HERITAGE NEW ZEALAND POUHERE TAONGA BILL 1. We have considered whether the Heritage New Zealand Pouhere Taonga Bill (PCO 14657/4.0) (the Bill) is consistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 11 August 2011. 2. W...

5. Employment Relations (Pay Deductions for Partial Strikes) Amendment Bill [pdf, 241 KB]

   ...seek, receive, and impart information and opinions of any kind in any form. The right to freedom of expression has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 5 of the Bill inserts clauses 95C, 95F, and 95G into the principal Act which outline that certain information must be provided within a certain time period. For example, clauses 95F and 95G allow a Union to request information that an e...

6. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...grade controllers. Her work involved taking samples of ore for testing. It was technical work requiring a degree of training and expertise. [7] At the time Ms Jinkinson first began work for Oceana Gold, the parties signed a written agreement. Clause II of that agreement was: II TERM You are employed on a casual basis to support our permanent workforce at peak times, to provide cover when required, or to undertake work that is only required irregularly. You are employed hour by...

7. EHQ v NKN [2013] NZIACDT 65 (20 September 2013) [pdf, 113 KB]

   ...[8.3] Engaging in dishonest or misleading behaviour (section 44(2)(d) of the Act). [8.4] Breaching the Licensed Immigration Advisers Code of Conduct 2010 in: [8.4.1] Failing to perform services with due care, diligence, respect and professionalism (Clause 1.1). [8.4.2] Misrepresenting the complainant’s immigration opportunities (Clause 5.1.c). [8.4.3] Deceptively promoting his business (Clause 5.1.b). [8.4.4] Failing to work within the scope of his knowledge and skills (Clause 1.6)...

8. Sheeran v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 130 (30 July 2024) [pdf, 231 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 130 ACR 147/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 151 OF THE ACT BETWEEN LEON SHEERAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 March 2024 Heard at: Wellington Appearances: Mr L Sheeran, appellant in person representing himself, by AVL Ms F Becroft for respondent, by AVL Judgment: 30

9. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...medical treatment protects the concept of personal autonomy and bodily integrity, specifically the idea that individuals have the right to determine for themselves what they do or do not do to their own body, free from restraint or coercion.2 28. Clause 10(a)(viii) of the Bill allows for orders to be made requiring people to report for medical examination or testing in any specified way or in any specified circumstances. 29. The right to refuse medical treatment is engaged where a medic...

10. [2016] NZEmpC 2 Northern Amalgamated Workers Union of NZ v Golden Bay Cement [pdf, 205 KB]

    ...Employment Relations Act 2000 (the Act). [2] The matter first came before the Employment Relations Authority (the Authority) and in a determination dated 31 March 2015, the Authority upheld an application by Golden Bay for a declaration that the clause in question (cl 24 of the collective agreement) conferred an unlawful preference on members of the Union in terms of s 9 of the Act and therefore, by virtue of the provisions of s 10 of the Act, it had no force or effect. 1 [3] T...