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1. [2014] NZEmpC 53 NZ Meatworkers Union v Alliance Group Ltd [pdf, 184 KB]

   ...4 [11] The parties were well aware of this impending change to the legislation. In collective bargaining which began in the third quarter of 2005, the Union put forward the following claim for a change to the existing collective agreement: Clause 9 Holidays All references to Holidays Act 1981 to be changed to 2003 Act (c) All holidays mentioned in sub clause (a) of this clause to be paid at Relevant Daily Pay (i) (i) As from 2007 wording to read five weeks instead of four. (...

2. ET & ETT v UG Ltd & UGG [2016] NZDT 962 (13 July 2016) [pdf, 147 KB]

   ...$1147.00, being 50% of the pro-rata fee for the unused three days. They claim that amount as a refund. [3] UG Ltd contends that it is not contractually obliged to offer a refund and that its offer of $850.00 was on a goodwill basis. It says that clause 14 in the written contract, ‘cancellation due to weather’, is intended to refer only to charters that have to be postponed or cancelled due to bad weather prior to departure, and that the reference to 50% of the charter fee was...

3. BORA Kermadec Ocean Sanctuary Bill [pdf, 231 KB]

   ...regulated under the Bill will continue to be regulated under their applicable regimes as if the Sanctuary were part of the exclusive economic zone. Section 14 - Consistency with the Right to Freedom of Expression 7. We have considered whether clause 15(1)(a) of the Bill, which requires any application for an authorisation for marine scientific research to be made on a prescribed form, is consistent with section 14 of the Bill of Rights Act, which affirms the right to freedom of expre...

4. ME v KT & EN [2024] NZDT 821 (7 October 2024) [pdf, 156 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 821 APPLICANT ME RESPONDENT KT SECOND RESPONDENT EN The Tribunal orders: The claim is dismissed. Reason 1. In late 2022 ME purchased the property at [address] from KT and EN. ME is claiming $15,000 towards $42,000 she spent on drainage claiming this was a remedy available to her pursuant to clause 7.1(1)(d) of the Sale and

5. Mcleod - Part Harataunga 2B2 (2001) 103 Hauraki MB 117 (103 H 117) [pdf, 250 KB]

   ...Powell contends that the words "a properly formed road" are satisfied by the formation of the beach right of way from Kennedy Bay Road to the beach and that as a consequence the coastal right of way is to be cancelled in accordance with clause 2(d). Addressing this latter point he says: " The coastal right of way is dealt within the paragraph numbered 2, and sub­ paragraphs (a) to (d). It is submitted that there can be no doubt that the condition contained in paragraph...

6. [2011] NZEmpC 56 Sealord Group Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 81 KB]

   SEALORD GROUP LIMITED V SERVICE & FOOD WORKERS' UNION NGA RINGA TOTA NZEmpC CHCH 27 May 2011 IN THE EMPLOYMENT COURT CHRISTCHURCH [2011] NZEmpC 56 CRC 17/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SEALORD GROUP LIMITED Plaintiff AND SERVICE & FOOD WORKERS' UNION NGA RINGA TOTA Defendant Hearing: 4 June 2010 (Heard at Wellington) Counsel: Rob Towner, counsel for the p

7. Senadipathi & Xavier v Sampang [2015] NZIACDT 43 (20 April 2015) [pdf, 95 KB]

   ...In July 2013, the complainants terminated Mr Sampang’s services. [6] The Registrar identified potential infringement of professional standards during the course of Mr Sampang’s engagement, the allegations were: [6.1] That Mr Sampang breached clause 1.5(a), (b) and (d); and 8(b) and (c) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). Those provisions required Mr Sampang to have written terms of engagement, explain all relevant matters, and have his clients...

8. IAA v UKFE [2012] NZIACDT 30 (28 June 2012) [pdf, 130 KB]

   ...which the adviser must hold funds. [11] When a licensed immigration adviser receives such funds, until they are paid to the adviser as fees, or paid to a third party as disbursements, they are held separate from the adviser’s own funds. [12] Clause 4 of the Licensed Immigration Advisers Code of Conduct (“the Code”, found at www.iaa.govt.nz) provides, in relation to client funds: “Client Funds A licensed immigration adviser must: http://www.iaa.govt.nz/ 3 a...

9. LCRO 157/2024 TA v YQ (25 June 2025) [pdf, 327 KB]

   ...[27] The Judge also commented that “[the brother] is an ACC beneficiary but there are funds held in the Trust for the siblings and such costs can be paid from [the brother’s] share”. [28] An issue in the claim for costs under the indemnity clause in the first deed was that clause 9.3 of the deed contained a cross-reference to clause 7.2 which, in context, appeared to be an error. The Family Court Judge found that the reference to clause 7.2 “…was a clerical error and it...

10. IPT Practice Note 3/2023 Residence [pdf, 397 KB]

    IMMIGRATION AND PROTECTION TRIBUNAL Rōpū Take Manene, Take Whakamaru PRACTICE NOTE 3/2025 (DEPORTATION – RESIDENT) (including any appeal by a non-citizen previously recognised as a refugee or a protected person, whose recognition has been cancelled under section 146) 4 March 2025 PRACTICE NOTE 3/2025 (DEPORTATION – RESIDENT) PREAMBLE 1. COMMENCEMENT PRELIMINARY MATTERS 2. JURISDICTION 3. NOTICE