Search Results

1. Fifita v Tangilanu [2014] NZIACDT 108 (03 October 2014) [pdf, 124 KB]

   ...of the Code, because the promise of getting a visa was false, and Ms Tangilanu did not document or perform her engagement in accordance with the Code. [4] Ms Tangilanu did not challenge the grounds of complaint or the material supporting them. [5] The Tribunal has upheld the complaint. In particular, breach of the obligations: [5.1] of due care and diligence in performing services (clause 1.1(a)), [5.2] to report and provide timely updates (clause 3(a)), [5.3] to document the eng...

2. ZF v XC LCRO 266/2013 (19 February 2015) [pdf, 103 KB]

   ...reasonable care”.1 [2] The Committee censured Mr ZF, ordered him to pay Mrs XC the sum of $1500 and imposed a costs order in the sum of $500. Background [3] On 24 October 1985 Mr AB executed his last will and testament. Set out below are clauses 3, 4 and 5 of that will. … 3. I GIVE AND DEVISE the principal residence owned by me at the date of my death to my wife the said XC 1 Standards Committee determination (15 August 20...

3. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...and remedies sought. [6] Against the first defendant the plaintiff seeks: 1. Four permanent injunctions restraining the first defendant from breaching his employment agreement. 2. An order requiring the first defendant to comply with three clauses in his employment agreement. 3. A penalty for breach of the employment agreement. 4. Damages plus interest on any damages awarded for loss of business the first defendant’s actions have caused the plaintiff. [7] At the hearing, M...

4. Southern-Pastures-Limited.pdf [pdf, 287 KB]

   ...Delete clause 5, retaining only the exclusions, and move the content of the clause to a new definition of Water bodies for the purpose of Chapter 3.11 amended to clarify it captures farmed animals only consistent with the Decision;1 (c) Delete clauses 6 to 9, or (in the event clause 9 is retained) delete reference to LUC classes and replace with reference to slope over 25°. Schedule D1, Part C, clause 3(e) Amend as follows: (a) The location (and for named waterbodies, the names)...

5. Southern-Pastures-Limited-Partnership.pdf [pdf, 287 KB]

   ...Delete clause 5, retaining only the exclusions, and move the content of the clause to a new definition of Water bodies for the purpose of Chapter 3.11 amended to clarify it captures farmed animals only consistent with the Decision;1 (c) Delete clauses 6 to 9, or (in the event clause 9 is retained) delete reference to LUC classes and replace with reference to slope over 25°. Schedule D1, Part C, clause 3(e) Amend as follows: (a) The location (and for named waterbodies, the names)...

6. Rostami v Accident Compensation Corporation (claim for weekly compensation injury) [2022] NZACC 240 [pdf, 170 KB]

   ...Whanganui-a-Tara by AVL Appearances: B Hinchcliff for the Appellant I Hunt for the Accident Compensation Corporation Judgment: 8 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for weekly compensation injury – First Schedule, clause 43, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 5 October 2021. The Reviewer dismissed an application for review of: (1) the Corporation’s decision dated...

7. [2024] NZEmpC 200 Caleys Ltd v Deadman [pdf, 232 KB]

   ...salary/wages. [2] Ms Deadman commenced employment on 14 September 2022 and resigned on 21 November 2022, with an effective date of 22 November 2022. [3] The plaintiff is seeking to recover from her a portion of one month’s salary, being $3,157.67. [4] The Authority determined that the provision in question was not enforceable because the forfeiture clause was, by its nature, a penalty clause designed to compel performance of the notice period and was not a genuine assess...

8. Proactive release - Privacy Bill: Approval for Supplementary Order Paper and draw down of Budget 2014 tagged contingency [pdf, 925 KB]

   ...binding decisions on access requests 4.5 new criminal offences, with a fine not exceeding $10,000. 5 The Committee received 162 submissions on the Bill. Almost all submitters supported the Bill’s direction, but some had concerns about certain clauses and questioned how the Bill’s provisions will operate in practice. The Committee made several valuable changes to the Bill in response to submitter concerns. 6 The Bill completed its second reading on 7 August 2019. Supplementary Ord...

9. [2009] EBIIWU & ors v Carter Holt Harvey Ltd [Chief Judge Colgan, AC 22A/09, 9 December 2009] [pdf, 34 KB]

   ...agreements based on the expired collective agreement by which I found they were bound when it was ratified. [10] The “KAWERAU MILL SITE COLLECTIVE AGREEMENT 18 July 2005 – 20 July 2008 TRADES” contained, in its Part 5 (“REDUNDANCY”) a clause (5.8) entitled “Employee Protection”. It provided: 5.8.1 In the event of a restructuring, as defined in the Employment Relations Amendment Act (No 2), being the sale, transfer, or contracting out of all or part of the company’s...

10. BORA Young Offenders (Serious Crimes) Bill [pdf, 408 KB]

    ...maximum penalty and includes changes to the penalty available to the sentencing court that occur by operation of law based upon an offender's age. If that view were to be adopted by other members of the Court, we would be bound to conclude that clause 14 of the Bill, allowing a court to impose a term of imprisonment on an offender who committed an offence the penalty for which is less than three months imprisonment when he or she was under 16 years of age but at the time of conviction...