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1. BORA Taxation (Budget Measures) Bill [pdf, 89 KB]

   ...increases to the prescribed amount for 16 to 18 year olds until the younger and older children’s prescribed amounts are the same. The increases will then continue for all children. 8. The Bill distinguishes between two groups of children who form part of the entitlement to Family Tax Credit for their parent(s) based on the child’s age. For the purposes of this advice, we note that s 21(1)(i) of the Human Rights Act 1993 defines “age” as any age commencing with the age of 1...

2. [2016] NZSSAA 078 (22 August 2016) [pdf, 92 KB]

   ...appellant and his partner were suspended from 16 February 2015, and the overpayments previously referred to established. [7] Custom Service records indicate the appellant eventually returned to New Zealand on XX July 2015. [8] The appellant requested a review of the decision to suspend his New Zealand Superannuation. The matter was reviewed internally and by a Benefits Review Committee. The Benefits Review Committee upheld the decision of the Chief Executive. The appellant th...

3. BORA Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill [pdf, 336 KB]

   ...17 5. Section 17 of the Bill of Rights Act affirms that everyone has the right to freedom of association. This right includes not only a right to establish and enter into association with others, but also a right not to be compelled to join or form an association with an organisation. 6. Part 6 of the Bill gives effect to the joint registration regime for patent attorneys in New Zealand and Australia. Under sections 270 and 271 of Part 6 of the Bill, patent attorneys are requir...

4. [2016] NZEmpC 76 Harlow v Western Property Management Ltd [pdf, 79 KB]

   ...the proceedings against the first respondent. [2] To date, no application has been made by Ms Harlow to the High Court for leave to continue with the proceedings. That is still an option open to her because the substantive proceedings which formed the basis for the application for a freezing order will subsist as proceedings in this Court but subject to what I intend to say shortly. [3] In any event, even if Ms Harlow made such an application to the High Court for leave to...

5. Gustafson v CAC404 & Chambers [2016] NZREADT 46 [pdf, 119 KB]

   ...Penalty [7] Mr Gustafson also appeals the penalty imposed upon him by the Complaints Assessment Committee. In particular he was unhappy that he was required to take an ethics course. He has provided information to the Tribunal setting out his request to the provider of the ethics course, [the Open Polytechnic] as to what he would learn from this ethics course. [8] The Tribunal have an outline of what the ethics paper covers, it includes “ethics, honesty, fairness and imparti...

6. Nakarawa v AFFCO New Zealand Ltd (Costs) [2014] NZHRRT 15 [pdf, 43 KB]

   ...same day issued a Minute giving directions as to the filing of further evidence and submissions by the parties. 2 [2] In the merits decision given by the Tribunal on 24 February 2014 the plaintiff was awarded a declaration and damages. The formal orders were as follows: [108] For the foregoing reasons the decision of the Tribunal is that: [108.1] A declaration is made under s 92I(3)(a) that AFFCO committed a breach of s 22(1) of the Human Rights Act 1993 by discriminating again...

7. [2016] NZSSAA 73 (18 July 2016) [pdf, 115 KB]

   ...appellant has been travelling to Masterton approximately once every three weeks, he does not make that visit on a Monday so that he can attend the group. He prefers to go to Masterton on the day his benefit is paid. [7] The appellant says his request is supported by the certificate from Dr Smith and letters from his psychologist Dr Fran Lowe dated 24 September 2013 and 12 October 2015. [8] The Ministry submit that there are inconsistencies in the letters from Dr Lowe which ga...

8. Hill v Maori Trustee - Mangatainoka 1BC2B3 (2016) 50 Takitimu MB 28 (50 TKT 28) [pdf, 214 KB]

   ...(i) give a presentation of what has been done and a plan for future prospects in partnership. He says this is a genuine proposal to re-lease on better terms to re-develop the block rather than pay peppercorn rent to fragmented shareholders; (ii) request a 5 year term of lease at no rental; (iii) carry out re-development work to a value of $6,000 per year including more bridging, fencing and gorse eradication, replace the truck-deck bridge, deal with the 2 car wreck bridges, add some...

9. AQ v ZJ [2014] NZDT 562 (16 April 2014) [pdf, 74 KB]

   ...was paid? (d) Did ZJ breach the contract by failing to pay for 32 bales? (e) If so, is AQ entitled to claim $1,710? Law and Decision Was it agreed that 32 bales were to be purchased? [4] The relevant law is the law of contract. A contract is formed when both parties decide to exchange something of value. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case, there is some disagreement about how many bales were...

10. [2016] NZSSAA 003 (12 February 2016) [pdf, 55 KB]

    ...periodical allowances received from overseas to be deducted from entitlement to New Zealand benefits in certain circumstances. The essential elements of s 70 are that where: ● a benefit or pension or periodical allowance granted overseas, which forms part of a programme providing benefits, pensions or periodical allowance, is paid to the recipient of a benefit in New Zealand; and ● the programme provides for any of the contingencies for which benefits, pensions or periodical allow...