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  1. BORA Health and Safety Reform Bill [pdf, 291 KB]

    ...appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching this conclusion, we have considered the consistency of the Bill with s 21 (the right to be secure against unreasonable search or seizure) and s 25(c) (the right to be presumed innocent). Our analysis is set out below. The Bill 3. The Bill reforms New Zealand’s workplace health and safety system. It repeals and replaces the Health and Safety in Employment Act 1992 and the Machinery...

  2. BORA National Animal Identification and Tracing Amendment Bill [pdf, 203 KB]

    ...to be compelled to say certain things or to provide certain information.1 6. Section 31(1) of the principal Act requires the person with day-to-day charge of regulated animals to declare movement of the animals between two registered locations. Clause 7(1) of the Bill re-enacts s 31(1) and extends it to require declaration of movements to any other location. 7. The requirement to declare movements prima facie limits the right to freedom of expression. However, we are satisfied that t...

  3. N v Tangilanu [2015] NZIACDT (19 May 2015) [pdf, 169 KB]

    ...DECISION This Complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Ms Tangilanu (N v Tangilanu [2015] NZIACDT 37; see www.justice.govt.nz). [2] The complaints were: [2.1] That Ms Tangilanu breached clause 1.1(a), of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). That provision required her to perform her services with due care, diligence, respect and professionalism. The circumstances alleged to amount to a breac...

  4. TC & TD v NV LCRO 255 / 2011 (14 January 2013) [pdf, 138 KB]

    LCRO 255/2011 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the Otago Standards Committee BETWEEN TC and TD Applicant AND NV Respondent Introduction [1] TC and TD have applied for a review of the Standards Committee determination in which the Committee determined that NV’s conduct constituted unsatisfactory conduct in respect of one of their complaint

  5. Abellera v Elizabeth [2017] NZIACDT 17 (20 Sept 2017) [pdf, 153 KB]

    ...[1.1] The adviser is a licensed immigration adviser employed by Best Migration Services Global Pty Limited, it operates in partnership with FBP International DWC LLC. [1.2] FBP International DWCLLC employed the complainant. [1.3] On 14 July 2015, the complainant entered into a contract for the provision of immigration services to seek a New Zealand skilled migrant visa. The complainant and the adviser signed the contract. The adviser did so on behalf of the complainant’s employ...

  6. Geldenhuys v C Yap [2013] NZIACDT 27 (12 April 2013) [pdf, 207 KB]

    ...order to give the parties the opportunity to consider their positions and provide submissions and further proof if they wished. The issues to be determined [39] The Minute identified the relevant professional standards identified as follows. [40] Clause 1 of the Code of Conduct requires: [40.1] A licensed immigration adviser to act with professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate. [40.2] They must carry out the...

  7. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

    GEORGE LYE v ISO LIMITED [2021] NZEmpC 120 [5 August 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 120 EMPC 491/2019 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GEORGE LYE Plaintiff AND ISO LIMITED Defendant Hearing: 1 July 2021 (Heard at Tauranga) Appearances: SR Mitchell and J Lynch, counse

  8. [2006] NZEmpC WC 10/06 Timmins v Asure New Zealand Ltd [pdf, 121 KB]

    ...ASURE and the NZFSA but did not preclude him from being issued with a warrant. [20] As he was not a member of the PSA and not automatically covered by ASURE’s collective agreement, Mr Timmins signed a trainee individual employment agreement. Clause 3.1 of that agreement provides: Once you have an unrestricted Certificate of Competence … this contract will terminate and subject to the availability of work, we will use our best endeavours to employ you as a permanent seasonal e...

  9. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

    NZ TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION V WELLINGTON CITY TRANSPORT LIMITED NZEmpC WN 6 July 2011 IN THE EMPLOYMENT COURT WELLINGTON [2011] NZEmpC78 WRC 35/10 IN THE MATTER OF an application for special leave to remove Authority proceedings BETWEEN NZ TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES UNION First Applicant AND CHRISTOPHER RUPAPERA Second Applicant AND FAAIUASO PAKAU Third Applicant AND WELLINGTON CITY TRA

  10. [2017] NZEmpC 141 Lewis v Immigration Guru Ltd [pdf, 322 KB]

    ...(Immigration Guru), executed a written individual employment agreement dated 4 November 2015. Under the agreement, Mrs Lewis was to commence employment with the defendant on 16 November 2015 as an administrator. [2] The agreement contained clauses incorporating a probation period and a trial period. The probation period was specified in the agreement to last for the first three months of employment. The trial period was stated in the employment agreement to apply for a period...