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1. Tapiki and Eru v New Zealand Parole Board [2019] NZHRRT 5 [pdf, 403 KB]

   ...with his mother the Special Conditions stipulated that Jesse was to live at her home and not move without the prior written approval of a probation officer. [12] Ms Tapiki explained to the Tribunal that in the lead up to the progress hearing much careful thought and preparation by her and Ms Eru had occurred because given Jesse’s three prior releases and two recalls, they wanted to ensure that this time, with strong family support, he would have a real chance for reintegration into the...

2. Lee v Napier City Council [2010] NZWHT Auckland 8 [pdf, 295 KB]

   ...ensure defects did not occur during construction. In processing the building consent application, the claimants allege the Council should have been mindful of the issues that these inadequacies raised. The Council therefore breached its duty of care to the claimants in approving the building consent application. [47] In Body Corporate 188529 & Ors v North Shore City Council & Ors (No 3)(Sunset Terraces),1 Heath J concluded it was reasonable for the Council to assu...

3. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...and indeed are very likely to, include particular provisions reflecting the nature of the work of staff of the Clerk. [14] It follows, in my judgment, that Parliament must be taken to have legislated expressly for employment obligations such as protecting the defendant’s employees from unjustified action in, or dismissal from, employment. But it must also be taken to have intended that the statutory mechanisms for challenging such events in employment, including in the courts, wo...

4. [2024] NZEnvC 178 Te Raranga a Te Kuihi Trust v Kaipara District Council [pdf, 3.2 MB]

   ...goods, services and facilities to meet the day to day needs of the surrounding community. The local shops within NCA provide a limited range of everyday goods and services. Community facilities can include shared community spaces (e.g. hall), health care facilities, and early childhood facilities (e.g. kohanga reo). The intent is to create a Hauora area for community wellness, and for the Hauora area to be the heart of the community. Being located within easy walking distance of the res...

5. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...[11] Ms D then had some text exchanges with Ms H’s father, who in one communication said Ms H had been unwell. She had become unfit to work. He eventually met with Ms D and Mr E, Ms D’s manager, when he told them Ms H had been in care. There is a dispute as to whether Ms H’s father also said this information was not to be passed on, in particular to Ms C, who had been ultimately responsible for managing Ms H’s return-to-work in late 2019/early 2020. [12] Ms H...

6. [2015] NZSSAA 84 (13 November 2015) [pdf, 151 KB]

   ...are both aged 16 years or older. (2) Despite subsection (1), a relationship involving a person aged 16 or 17 years is not a de facto relationship unless that person has obtained consent for the relationship in accordance with section 46A of the Care of Children Act 2004. (3) In determining whether 2 people live together as a couple in a relationship in the nature of marriage or civil union, the court or person required to determine the question must have regard to— (a) the context...

7. OIA-94638.pdf [pdf, 7 MB]

   ...O FF IC IA L IN FO RM AT IO N AC T 19 82 3 circumstances, which the defence is designed to recognise, do not alter depending on the identity of the child killed. It also means that children in the home, the most vulnerable, have less protection because of the substantially lower maximum penalty for infanticide (3 years). 11.3. It is available only when the child killed is less than 10 years old. If a mother kills her three children aged 1, 9, and 12 years, suffering a disord...

8. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...73(b) (seriously incompetent or negligent work). It is alleged it failed to report Mr Rankin’s misconduct to the Real Estate Agents Authority (the Authority), as required under r 7.2 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules). [6] Tremain Real Estate admits the first charge of misconduct. [7] A summary of facts (17 May 2022) has been agreed between the Committee and Tremain Real Estate. Mr Rankin did not engage with the partie...

9. Morgan v CAC 20003 [2014] NZREADT 14 [pdf, 209 KB]

   ...issue. The appellant stresses that no consumer has complained about him. [23] The Act does not limit Complaints Assessment Committees (or this Tribunal) to considering complaints from consumers, although the purpose of the Act is to promote and protect the interests of consumers. Under s 74, any person may complain about the conduct of a licensee. Further, a complaints assessment committee may, in addition to inquiring into complaints, investigate allegations against a licensee on i...

10. [2012] NZEmpC 142 Horton Media Ltd [pdf, 212 KB]

    ...explanation is provided, or Where there is reasonable belief that consumption is occurring during working hours. ... [11] There was one other significant development around this time. In September 2009, the company introduced a “Whistleblower Protection Policy”. The Policy Summary provided: POLICY SUMMARY All employees/contractors have the right to report any suspected fraud, corrupt conduct, inappropriate behaviour or illegal activity involving the Company or it...