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1. O Ltd v NT [2023] NZDT 193 (13 April 2023) [pdf, 211 KB]

   ...Ltd on or before Monday 1 May 2023. Reasons: 1. NT signed a contract for services as an independent contractor with O Ltd on 2 March 2022. Appendix 2 of the agreement outlined the calculation of commission payable to the real estate agent. Clause 2.4 of the appendix provided that “an advance of $40,000 on commissions will be paid to [NT] on a weekly basis being $769.23”. 2. NT achieved one sales commission and a portion of the weekly payment advance was deducted from the c...

2. Ali v Wang [2015] NZIACDT 2 (22 January 2015) [pdf, 256 KB]

   ...Wang left the Practice ending the professional relationship in the period between 4 and 11 April 2011. Accordingly, whether he met his obligations down to that point, including his obligations to complainant at the time he left the Practice (refer Clause 1.1(c) of the Licensed Immigration Advisers Code of Conduct 2010 (Code of Conduct)) is the only relevant consideration. What occurred after that point, other than any need to inform of the consequences of any failure at the point where the...

3. BORA Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill [pdf, 295 KB]

   ...of the compelled information may be of a purely factual nature, even that information could contain expressive content when considering the role of information within telecommunications sector. 11. We have therefore considered whether the relevant clauses are justifiable under s 5 of the Bill of Rights Act. Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is ju...

4. [2021] NZACC 132 - Pivac v ACC (17 August 2021) [pdf, 465 KB]

   ...Part 4 of Schedule 1 of the 1998 Act. This section further modifies provisions of the 1998 Act. [53] Mr Light refers to cls 58 to 63 in Part 4 of Schedule 1 of the 1998 Act which regulate the assessment and payment of independence allowances. Clause 58(1) provides that ACC is liable to pay a claimant an independence allowance if: • The claimant has suffered a personal injury for which he or she has cover; and • An assessment carried out under cl 60 establishes that the pe...

5. Naera v Fenwick - Whakapoungakau 24 Block (2012) 47 Waiariki MB 9 (47 WAR 9) [pdf, 141 KB]

   ...to ensure a wide exposure of the notice. Indeed, the memorandum makes it plain that owner attendance and participation was to be encouraged. Consultation over trust order variations [12] I am not aware of any other precedent where the detailed clauses of a proposed variation have been notified to the owners through the public notices section of the local newspapers or through written notice issued by the trustees. As this Court and the Māori Appellate Court have held, where varia...

6. [2016] NZSSAA 080 (22 August 2016) [pdf, 144 KB]

   ...Regulations are very specific about what can and cannot be included in the assessment. [13] In the first instance, the formula requires a person’s allowable costs to be ascertained. Schedule 2 of the Regulations defines “allowable costs”. Clause 1 of Schedule 2 defines allowable costs in the following way: Allowable costs (a) means the regular essential expenses (as defined in Clause 2) (if any) of the applicant and his or her family reckoned on a weekly basis; and theref...

7. Genetic-Technologies-Limited-93-94-96-97-99-102.pdf [pdf, 119 KB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2020-AKLIN I MUA I TE KOOTI TAIAO THE MATTER of the Resource Management Act 1991 AND IN THE MATTER of appeals under clause 14(1) of the First Schedule of the Act in relation to Waikato Regional Plan Change 1 BETWEEN THE APPELLANTS LISTED IN Table 1 Appellant AND WAIKATO REGIONAL COUNCIL Respondent SECTION 274 NOTICE BY GENETIC TECHNOLOGIES LTD 28TH September 2020

8. [2016] NZEmpC 42 ITE v ALA [pdf, 233 KB]

   ...breached his obligations requires consideration of what he agreed to and the undertakings he gave, viewed against his subsequent actions. 2 P v Q [2015] NZERA Auckland 181. The facts [10] Clause 14 of the plaintiff’s individual employment agreement provided that: 14.1 You agree to maintain strict confidentiality with respect to the services and duties performed for the [defendant]. You will not disclose to any person,...

9. GU v Hakaoro [2013] NZIACDT 68 (9 October 2013) [pdf, 135 KB]

   ...it to the Tribunal. Potential outcome [43] The Minute indicated that, on the material then before the Tribunal, it would potentially conclude: [43.1] The facts alleged in the complaint would be found to be correct. [43.2] Mr Hakaoro breached clause 1 of the Code, as his conduct was unprofessional, and he ignored the requirements that apply to a professional engagement. [43.3] He also breached clause 1 of the Code as his conduct was disrespectful to his client. [43.4] He also breac...

10. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 KB]

    CI0301_CIV_DCDT_Order Page 1 of 7 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1455 APPLICANT PF Limited RESPONDENT QI SECOND RESPONDENT MI The Tribunal orders: QI and MI are to pay PF Limited the sum of $757.00 on or before 10 May 2021. Reasons: 1. PF Limited purchased a property from QI and MI in 2018. Settlement occurred on 5 September 2018. Since settlement Ms C (for PF