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1. [2021] NZACC 26 - Haugh v ACC (4 February 2021) [pdf, 215 KB]

   ...Schedule 1, Clause 50 of the Accident Compensation Act 2001, where the earnings of a self-employed are not readily ascertainable, ACC may estimate the amount that represents reasonable weekly compensation for the client. As required by the legislation (Clause 51 of the AC Act 2001), ACC is required to reassess and reduce the weekly compensation entitlement when the client has earnings during periods of incapacity in order to ascertain the client’s actual entitlement. The o...

2. [2025] NZEmpC 136 Tighe-Umbers v Jetconnect Limited [pdf, 223 KB]

   ...April 2022 (third month). [28] It says that the final day of the three months’ notice period is 24 April 2022. The CEA does not require three clear months’ notice to be given. If it did it would say so. [29] Jetconnect submits that the Legislation Act 2019 has direct application on the interpretation of time periods with relevance to both statutory time limits and those contained in employment agreements. In particular, s 56 states: 56 Calculating periods of months (except...

3. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...request of the Court, made the following points. Neither the Labour Relations Act 1973 nor the Employment Contracts Act 1991 dealt with fixed term agreements as a separate species of employment contract. They were first dealt with in a way previous legislation had not by Parliament in the 2000 Act in s66: Clarke v Norske Skog Tasman Ltd [2003] 2 ERNZ 213 at paragraph [32]. 13 [49] Mr Keyte noted that the case law had illustrated two different approaches to fixed...

4. [2020] NZSSAA 2 (11 February 2020) [pdf, 217 KB]

   ...in the Ministry’s s 12K report regarding what is legally income is appropriate. Legal issue – the asset test Scope [51] The Act governed XXXX’s entitlement to support at the relevant times. The Act has authorised a range of subordinate legislation, some of which is relevant to the issues in the appeal. [52] The starting point is to identify the forms of assistance XXXX received, where the Ministry says the asset test is relevant.13 The Ministry’s position is XXXX was n...

5. Waitangi Tribunal - He Whiritaunoka (Whanganui) chapter 28 [pdf, 857 KB]

   ...in the rūnanga and komiti might have had informal influence locally, but they were really always on the sidelines, because politi­ cians concentrated on the Crown’s overall agenda for the country. The only way for Māori to be involved in the legislative process was through the Māori members of parliament, but these were few, and their influence small. It was not until the end of the century that Māori, frus­ trated by their exclusion, began to voice more collective opposition thr...

6. [2011] NZEmpC 33 Tertiary Education Union v Western Institute of Technology [pdf, 116 KB]

   ...explicitly for the consequence of a negative ballot. We must therefore ascertain the meaning and effect of s 47(6) in that context. [9] The starting point must be section 5 of the Interpretation Act 1999 which provides: 5 Ascertaining meaning of legislation (1) The meaning of an enactment must be ascertained from its text and in the light of its purpose. (2) The matters that may be considered in ascertaining the meaning of an enactment include the indications provided in the en...

7. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...UNCROC requires States to ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment. This is complemented and extended by Article 19, which requires States to take all appropriate measures, including legislative action, to protect children from all forms of violence while in the care of parents, guardians or any other person. 9. The CRC has consistently recommended that States prohibit all forms of corporal punishment, in the family an...

8. Proactive release - Amendments to the Property Law Act 2007 relating to commercial leases and mortgages [pdf, 678 KB]

   ...many notices issued during the Alert Level 4 period would not have the extended notice periods. This is particularly the case with arrears in rent. Notices regarding the payment of rent are likely to go out at the beginning of the month. By the time legislation is passed, the notice period of 10 working days may have expired. 27 In addition, if tenants are already in arrears, the announcement may incentivise some landlords to issue a notice about arrears, before the law is changed. Thi...

9. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...The Minimum Wage Act does not define the word “work”. The approach to be adopted in ascertaining its meaning in this context must therefore be that directed by s5 of the Interpretation Act 1999 which provides: 5 Ascertaining meaning of legislation (1) The meaning of an enactment must be ascertained from its text and in the light of its purpose. (2) The matters that may be considered in ascertaining the meaning of an enactment include the indications provided in the enactm...

10. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

    ...the role of the Human Rights Commission to oversee immigration law and policy, he said that the limitation recognized the nature of immigration itself — requiring decisions to be made on the basis of personal characteristics. However, there were legislative mechanisms to appeal most decisions before dedicated appeal authorities. The Human Rights Commission could investigate complaints and allegations of racism or discrimination in the immigration system, make public statements and re...