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Search results for clause 5.

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  1. GJ v Secretary for Justice [2021] NZRA 003/2020 (25 February 2021) [pdf, 176 KB]

    ...Secretary to approve GJ as a PAL3 provider. [8] The Secretary holds the view that GJ, while meeting the requirement of 36 months recent experience at PAL2, has not met the minimum requirement of substantial and active involvement provided for in clause 4(b) of the schedule and is not, when viewed overall, sufficiently experienced and competent to be approved at PAL3. [9] The Secretary has analysed the case examples provided by GJ in support of his application for approval. In thr...

  2. Singh v Kumar [2015] NZIACDT 72 (04 June 2015) [pdf, 91 KB]

    ...complainant was in New Zealand unlawfully without a current visa. [5] The Registrar identified potential infringements of professional standards during the course of Mr Kumar’s engagement, the allegations were that potentially: [5.1] Mr Kumar breached clauses 2.2 and 3(f) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provisions required him to take steps to warn his client in respect of a grossly unfounded application, and confirm in writing the details...

  3. W v H [2015] NZIACDT 80 (10 August 2015) [pdf, 94 KB]

    ...[complainant’s first name]. Next email and the consequences will be dire.” [6] The Registrar identified potential infringement of professional standards during the course of the adviser’s engagement, the allegations were that: [6.1] The adviser breached clause 3(d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). The provision required him to provide any refunds payable on completing or ceasing a contract for services. The circumstances were:...

  4. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

    ...The original form of the Code and the 2010 revision govern stages of the engagement with Mr Chen; however for present purposes the Minute indicated the two versions were not materially different. The parties have not taken a different view. [59] Clause 1 of the Code of Conduct requires: [59.1] A licensed immigration adviser to act with professionalism. In doing so, they must ensure that the terms of professional engagements are fair and appropriate. [59.2] That a client engagement be...

  5. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

    ...RIGHTS ACT Section 21: Unreasonable Search and Seizure 4. Section 21 of the Bill of Rights Act affirms the right of everyone to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. 5. Clause 18 of the Bill inserts a new section 36 into the Act which, among other things, empowers the Tribunal to compel parties to provide documents that it reasonably requires. A failure to comply is an offence under new section 55E and could...

  6. [2022] NZEnvC 142 Careys Bay Association Incorporated v Dunedin City Council [pdf, 243 KB]

    ...No. [2022] NZEnvC 142 IN THE MATTER of the Resource Management Act 1991 AND appeals under clause 14 of the First Schedule of the Act BETWEEN CAREYS BAY ASSOCIATION INCORPORATED (ENV-2018-CHC-223) AND PORT OTAGO LIMITED (ENV-2018-CHC-245 - 247) Appellants AND DUNEDIN CITY COUNCIL Respondent Environment Judge P A Steven – sitting alone under s279 of the Act In Chambers at Christchurch Date of Consent Order: 4 August 2022 ____________________________________________...

  7. KB & Ors v TC & RV [2023] NZDT 634 (25 September 2023) [pdf, 99 KB]

    ...to buy an alternate property. CI0301_CIV_DCDT_Order Page 2 of 4 6. The Applicants claim they are entitled to the $30,000.00 deposit as they are not satisfied with the Respondents’ explanation for failing to obtain financing, pursuant to clause 9.1(2) of the contract. The Applicants rely on the Court of Appeal case Strack v Grey CA339/2018: [2019] NZCA 432. 7. The Respondents argue that they have met their obligations under the contract by providing an explanation and eviden...

  8. [2025] NZEmpC 126 Larsen v Fire and Emergency New Zealand  (judgment of Judge JC Holden, 26 June 2025 [pdf, 210 KB]

    ...whether FENZ’s compassionate grounds policy was consistent with the requirement that appointments be on merit. [16] On 26 June 2019, FENZ wrote to Mr Larsen about the dispute with the NZPFU. FENZ said that: On the basis of the peace clause of the CEA and your mirror agreement, we are therefore obliged to maintain the status quo that existed when the dispute arose, and therefore are unable to proceed with your appointment to the role in Whangārei at this time. [17...

  9. [2023] NZSSAA 009 (10 July 2023) [pdf, 175 KB]

    ...supplementary payment. [8] A Ministerial Direction relating to Disability Allowance (the Ministerial Direction) provides for matters which the Ministry must consider when considering the grant 3 or review of a disability allowance.1 Clause 2(1) of the Ministerial Direction provides: 2 Verification of additional expenses (1) Before determining whether a person has additional expenses of a kind required by section 85(2)(d) of the Act, you must require the applicant...

  10. [2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated [pdf, 327 KB]

    ...centres on the correct interpretation and application of cl 10.1 of the parties’ collective agreement. It is convenient to set cl 10 out at the outset. 1 E Tū Inc v Television New Zealand Ltd [2024] NZERA 276 (Member Fuiava). Clause 10 [7] Clause 10 of the collective agreement provides that: 10.1 Workforce Participation 10.1.1 TVNZ will support the active participation of staff in the development of the organisation and changes in workplace practices. This requir...