Search Results

1. [2021] NZEmpC 168 Juyi International Ltd v Pan [pdf, 283 KB]

   ...Pan’s wages, intending this to be for holiday pay on a pay-as-you-go basis. However, the requirements of the Holidays Act 2003 (the HA) had not been met. That was because s 28 of the HA sets out only two situations when annual holiday pay is permitted to be paid within an employee’s pay. Since neither of those circumstances applied, Juyi owed Mr Pan holiday pay for the entire duration of his employment, less any paid holidays he had taken. The Authority concluded that this...

2. Audit-and-monitoring-policy [pdf, 376 KB]

   ...indicates concerns. Compliance with audit To co-operate with the auditor, the provider must: • give the auditor access to all relevant documents • answer any questions fully, frankly, promptly, and in the form required by the auditor and • permit, and if necessary, assist the auditor to make copies of documents. 8 Reference: Section 92(1) The table below outlines the process that takes place if a provider fails to co-operate with an auditor. Stage Description 1 T...

3. [2022] NZEmpC 127 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 304 KB]

   ...generally contained in the applicable employment agreement, and was in this instance, according to the CAA. Following its enactment in November 2021, cl 3 of sch 3A may be relevant if an employment agreement does not have a provision that would permit dismissal of an employee who declined to be vaccinated. [45] However, what the enactment of the clause does reinforce is the importance of the legal right to terminate, since it was included in a suite of urgent and important provis...

4. LCRO 52/2022 AD v OC (12 July 2024) [pdf, 244 KB]

   ...[redacted] and [redacted] and back into [redacted]. Do you have any future plans to develop [redacted]? If they were to be developed that would need a [redacted] ww to the main also. 14 Non[redacted] would possibly connect into that (levels permitting). Just looking ahead with a view to future proofing and rationalising the pipe network. … [64] The applicant relevantly responded that evening: For a twist [redacted] and [redacted] are in the residential intensification zone...

5. LCRO 36/2023 TL v RY and SK (4 July 2024) [pdf, 180 KB]

   ...(CA), Fletcher Moulton LJ was considering the power of the Court to strike out an action as vexatious and observed that: The Court has a right to stop an action at this stage if it is wantonly brought without the shadow of an excuse, so that to permit the action to go through its ordinary stages up to trial would be to allow the defendant to be vexed under the form of legal process when there could not at any stage be any doubt that the action was baseless. Importantly his honour did...

6. 20240923-Sentencing-Reform-Amendment-Bill-and-District-Court-Judges-Amendment-Bill [pdf, 5.7 MB]

   ...exceptional cases. Sentences that are severe, disproportionate or manifestly excessive would not breach s 9, they must be grossly disproportionate and so severe as to "shock the national conscience" .21 If a court applies the discounts permitted under the Bill and reaches an end sentence that is so severe as to pass the s 9 threshold, it would interpret the exception consistently with the Bill of Rights Act and conclude that a sentence that results in a breach of s 9 would be m...

7. 20240923-Sentencing-Reform-Amendment-Bill.pdf [pdf, 5.7 MB]

   ...exceptional cases. Sentences that are severe, disproportionate or manifestly excessive would not breach s 9, they must be grossly disproportionate and so severe as to "shock the national conscience" .21 If a court applies the discounts permitted under the Bill and reaches an end sentence that is so severe as to pass the s 9 threshold, it would interpret the exception consistently with the Bill of Rights Act and conclude that a sentence that results in a breach of s 9 would be m...

8. Reti v Smith - Part Lot 7 Deposited Plan 3351 and Part Lot 8 Deposited Plan 3351 - Petane Marae (2024) 112 Tākitimu MB 261-277 (112 TKT 261) [pdf, 308 KB]

   ...per hour. She confirms that there was no contract between her and the trustees for this mahi. [39] This payment can be distinguished from the others for a number of reasons: (a) First, it relates to time spent on trust matters. Trustees are not permitted to be remunerated for their time, unless one of the limited exceptions applies. None of the exceptions apply to this payment. (b) Second, it is not clear how it relates to the Cyclone Gabrielle lump sum payment. Mary Spooner M...

9. 20241003 Mental Health Bill [pdf, 246 KB]

   ...Clause 44. interests of the patient. Where the therapy is to be given to a patient under the age of 18, the therapy is only reserved for those in the situations noted above.19 Power to sedate when sedation urgently required 35. Clause 184 permits a mental health practitioner or paramedic acting on request of the practitioner, upon the practitioner completing an urgent assessment under cl 183(1) and making an application required by cl 183(2),20 to urgently sedate the proposed...

10. [2024] NZEnvC 244 Bowkett v Whangarei District Council [pdf, 295 KB]

    ...temporary, and signalled that he was willing to remove the boxes within 12 months, to find an alternative long-term solution, and file any necessary resource consents; (b) arguments surrounding the potential legality of the stone boxes being permitted were removed from submissions during the hearing so not to waste the Court’s time. While Mr Bowkett conceded the part of the argument surrounding the stone boxes lawfulness, it was still a legitimate case to seek the exercise of th...