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Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 19 September 2022 Our ref: OIA 97846 Tēnā koe Official Information Act request: non-discrimination in the Human Rights Act Thank you for your email of 23 July 2022, requesting, under the Official Information Act 1982 (the Act), documents regarding non-discrimination in the Human Rights Act. Specifically, you requested: “…all infor...
...changes to the parole regime are not inconsistent with the right against retrospective penalties in s 25(g) of the BORA. The principal reason is that they do not change the maximum penalty that can be imposed for any particular offence. 2.2 The application of the two new community based sentences to persons who committed their offences before the provisions come into force and where the offence carries a maximum penalty of a community-based sentence, is not inconsistent with the right ag...
...Harvey” or “Thomas”) against the decision of a review officer on 6 March 2013. [2] Mr Harvey suffered a brain injury at birth, leading primarily to late motor development and subsequently psychological conditions. Some years later, a claim for accident compensation coverage was made, which was ultimately successful. Claims were then made for various entitlements under the legislation, including payment for “attendant care”, being the care that had been provided to hi...
...Agreed Summary of Facts. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health...
...SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the Resource Management Act 1991 In the matter of the direct referral of applications for resource consent and notices of requirement under sections 87G and 198E of the Act for the Ōtaki to North of Levin Project By Waka Kotahi NZ Transport Agency STATEMENT OF REBUTTAL EVIDENCE OF JOHN (JACK) ALLEN MCCON...
...the beach was a reserve when he: (i) Knew it was private Maori land; or (ii) Later learned it was private Maori land and did not correct his earlier advice to the complainant. (c) The defendant advised the complainant that there were no claims or concerns by Maori in terms of Wahi Tapu or sites of significance which could require the complainant to consult with local Maori when he: (i) Knew that there were claims or concerns by Maori in terms of Wahi Tapu or sites of signi...
...Ltd. [6.5] BK Horticulture Ltd had limited work available and its licence to employ seasonal workers under the relevant policy was about to expire. The Adviser did not inform the Complainants of those difficulties. [6.6] The Adviser submitted applications for work permits to Immigration New Zealand. Those applications were made on the basis the Complainants could use them to take up positions of employment with BK Horticulture Ltd. This relied on the company having permission to empl...
...Dated 19 April 2022 REPRESENTATION: Registrar: Self-represented Complainant: No appearance Adviser: No appearance 2 INTRODUCTION [1] Ms Apurva Khetarpal, the adviser, acted for IL, the complainant, on visa applications for herself and her family. Ms Khetarpal committed numerous breaches of her professional obligations. [2] A complaint against Ms Khetarpal was referred by the Immigration Advisers Authority (the Authority) to the Tribunal. It...
...among other factors, the interaction between the individual and the job and that adverse reactions to stress are individual4. The need for a sickness to be able to be traced directly to conditions of work sets a reasonably high threshold for any applicant to meet. [23] However, I agree with Mr D Martin that the plaintiffs’ attempt to distinguish between sicknesses which are proximate to the working conditions compared with illnesses which may arise because the proximate cause i...
...fairness, must have the means of gaining some protection from costs by making offers to settle by, in some way, meeting the claim. This speaks in favour of Calderbank offers being able to be made and received by the Court in the context of cost applications.5 [13] The protection against disclosure of without prejudice communications is at least as important in the context of employment relationships as in other areas. The Act emphasises the importance of parties endeavouring to...