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1. Steele v Salisbury School (Costs) [2012] NZHRRT 26 [pdf, 61 KB]

   ...nature of the Tribunal’s jurisdiction under the Human Rights Act 1993, the Privacy Act 1993 and the Health and Disability 5 Commissioner Act 1994. For present purposes we mention the following as having potential bearing on the issue: [10.1] The Long Title of the Privacy Act 1993 opens with the statement that it is an act “to promote and protect individual privacy”. [10.2] Principle 6 of the information privacy principles confers on an individual two “entitlements”....

2. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...making an application for her removal as a party on 19 June 2020 and in responding to Ms Cook’s and the MCLC’s responses to her application for removal. [10] In support of her costs application against the MCLC, Ms Abraham, inter alia, said [10.1] As the Tribunal found Ms Abraham was acting in her capacity as an employee at all material times and that the MCLC was liable for Ms Abraham’s actions and could not rely on a defence under PA, s 126(4), costs should be awarded against t...

3. Final Env-Reg-Report-2019-20 [pdf, 347 KB]

   ...Miscellaneous 2019/20 3,252,112 1,820,912 1,407,987 300,214 154,528 6,794 102,112 29,205 15,725 3,452 1,807,933 31,099 8,932,073 5,773 69 149,879 4,962 13,606 278,368 2,101 937 455,695 2018/19 3,223,573 1,695,687 1,438,526 331,499 123,570 35,696 125,954 22,998 18,590 4,424 1,762,598 11,462 8,794,577 5,950 1,205 562,823 3,585...

4. Kumar v Lepcha [2011] NZIACDT 3 (27 January 2011) [pdf, 75 KB]

   ...Complainant, the details relating to the course at Kingsland Institute of New Zealand, and payment of the fees. [10] The minute gave notice to the Adviser the conclusions that may be reached on the papers then before the Tribunal appeared to be: [10.1] First the Adviser represented he was authorised to act as the Complainant’s Adviser, when he had no, or no adequate, basis to do so; and [10.2] He was a party to a dishonest pretence intended to advance the complainant’s immigration...

5. Bidois v Trustees of Te Rimu Trust - Tokata A14 and other blocks (2013) 31 Tarawhiti MB 95 (31 TRW 95) [pdf, 150 KB]

   ...concerning the use of this land are the responsibility of the trustees. Even so, if Mr Evan’s wishes to address the next general hui of owners concerning his proposal then the trustees should ensure he is provided with adequate 31 Tairawhiti MB 101 opportunity to do so. The trustees must then consider all relevant information including the views of the owners and the best interests of the Trust beneficiaries as a whole before making a decision. [25] Mr Evans is also enti...

6. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...involved Unfit to stand trialFit to stand trial . 6. Data shows that 533 assessments were made under the Act in 2013 (including for purposes other than fitness inquiries, such as the insanity defence or for sentencing). Of those assessments, 101 resulted in an outcome of ‘unfit to stand trial’ (that is, at the fitness inquiry stage). These figures have been consistent since 2011. The data able to be extracted does not illustrate how often defendants are found fit at the...

7. [2022] NZEnvC 128 Auckland Council v Teddy and Friends Ltd [pdf, 265 KB]

   ...distinguish the definition from the defined term demonstrates how linguistic arguments can sometimes end up being more concerned with the peculiarities of signifiers than with the substance of what is signified. [26] Under the Legislation Act 2019, s 10(1) requires the meaning of any statutory provision, including a definition, to be ascertained from its text and in the light of its purpose and its context. Even that provision must be interpreted. There is guidance from the Suprem...

8. [2018] NZLCDT 10 Wellington Standards Committee 2 v Hay [pdf, 170 KB]

   ...Mr J Upton QC for the Respondent 2 DECISION OF THE TRIBUNAL ON PENALTY Introduction [1] Mr Hay was found guilty of one charge of misconduct comprised of disgraceful and dishonourable conduct and reckless breach of Rule 5.101, in the circumstances surrounding his guarantee of a $200,000 loan from the complainant to a company associated with him and failing to repay her. [2] The submissions of counsel as to the appropriate penalty for this conduct could not...

9. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...limited resource. Hearings are also resource intensive in that the Tribunal comprises not only a Chairperson but also two other persons appointed by the Chairperson from the Panel maintained by the Minister of Justice under the Human Rights Act 1993, s 101 (incorporated into proceedings under the Privacy Act 1993 by s 89 of that latter Act). The proceedings are adversarial in nature. The average length of a hearing is presently three days. It is not uncommon for hearings in complex ca...

10. Provisional figures - August 2019 [pdf, 766 KB]

    ...Asian Māori Pacific European and other Number Rate Number Rate Number Rate Number Rate 2007/2008 21 5.93 87 15.39 24 9.05 408 13.26 2008/2009 10 2.82 95 16.81 26 9.81 400 13.00 2009/2010 22 6.21 105 18.58 31 11.69 383 12.45 2010/2011 19 5.36 101 17.87 22 8.30 416 13.52 2011/2012 19 5.36 132 23.34 31 11.69 365 11.24 2012/2013 28 7.90 105 18.58 24 9.05 384 12.48 2013/2014 22 4.66 108 18.04 26 8.79 373 11.25 2014/2015 16 3.39 130 21.72 27 9.12 391 11.80 2015/2016 39 8.27 129 2...