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1. Proactive release – Government response to the Law Commission Report: “The Second Review of the Evidence Act 2006” [pdf, 2.5 MB]

   ...amendments to the Act; some do not involve legislative change. Many of the recommendations are technical changes that would improve the Act’s workability. These include changes that clarify the interpretation of existing provisions, or address issues of application. Other recommendations involve more substantive changes and I wish to consider these further. More time is needed for officials to fully assess the implications of 1...

2. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...person? b. Are there any items in your bags/parcels that you did not pack yourself? c. Could anyone have placed something in your bags/parcels without your knowledge? d. Have you been given any gifts to carry by another person? [12] The form concluded, immediately above his signature: I declare that the bags/parcels lodged by me as cargo for carriage by air, do not contain any dangerous goods as defined in the IATA Dangerous Goods Regulations (examples are shown in 1 above...

3. Public perceptions of crime & the criminal justice system survey 2014 results [pdf, 1.3 MB]

   ...proportion agreeing that prison successfully deters people who have been to prison from committing crime in the future has increased from 5% to 8%. There are no other significant changes. It is worth noting that despite the fact around eight in ten claim to only know a little, or nothing at all, about community sentences and the Parole Board – respondents are generally negative in their views about them. As with the 2013 survey, under a third are confident in the effectiveness o...

4. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...Act 2002, s lSA. 7961502 3 is a feature of "short-term" sentences of 24 months' imprisonment or less that offenders qualify for automatic release after serving half their sentence.5 12. A further threshold condition, governing application of the scheme, is that it does not apply to offending committed when a person is under 18 years of age. 13. For qualifying offences other than murder, the proposed three-strikes scheme would operate as follows: 13.1 At stage-1 t...

5. Vincent v Kennedy - Estate of Carol Fleet (2019) 185 Taitokerau MB 148 (185 TTK 148) [pdf, 328 KB]

   ...WAIKATO MANIAPOTO DISTRICT A20150002556 A20160004194 UNDER Sections 117 and 118, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Succession to Carol Ngawhira Tanui Fleet BETWEEN MAUREEN VINCENT and JOHN FLEET Applicants AND NATHAN KENNEDY Respondent Hearing: 22 October 2015, 117 Taitokerau MB 76-85 25 – 26 July 2016, 136 Taitokerau MB 141-269 21 March 2018, 171 Taitokerau MB 151-179 (Heard at Auckland) Appearances:...

6. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...provision relating to public holidays contained in a collective employment agreement made between the parties complies with the requirements of the Holidays Act 2003 (the Act). The plaintiff seeks a declaration that the clause does not comply. The application is strongly opposed by the defendant. [2] In a determination 1 dated 31 October 2011, the Employment Relations Authority (the Authority) concluded that the provision in question did not breach the Act and it dismissed the...

7. [2011] NZEmpC 161 Rush Security Services Limited v Coverdale [pdf, 147 KB]

   ...positions of two of the control room rank 1 security officers. Mr Coverdale and Mr Wilson were made redundant. The new employee was kept on. [2] Mr Coverdale commenced proceedings before the Employment Relations Authority (the Authority) claiming that he had been unjustifiably dismissed on the grounds of redundancy. He claimed that the decision to disestablish his position was not made for genuine commercial reasons. The Authority Member recorded that the issues for resolut...

8. Ministerial group work programme update on family & sexual violence [pdf, 3.7 MB]

   ...to innovate based upon best practice. 3 13 We are further ahead in developing the sexual violence system because work began in 2013 and some of the building blocks are now in place, such as the ACC’s Integrated Services for Sensitive Claims. 14 Other parts of the sexual violence system have been identified for development. There are still gaps in specialist sexual violence services and current services struggle to meet demand. To address these, the Minister for Social Deve...

9. MCINNES John Roderick (CSU 2010 WHG 000188) [pdf, 194 KB]

   ...occurrence of other deaths in circumstances similar to those in which the death occurred. (4) The third purpose is to determine whether the public interest would be served by the death being investigated by other investigating authorities in the performance or exercise of their functions, powers, or duties, and to refer the death to them if satisfied that the public interest would be served by their investigating it in the performance or exercise of their functions, powers, or du...

10. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 123 KB]

    ...defendant Judgment: 30 September 2015 JUDGMENT OF JUDGE CHRISTINA INGLIS [1] This proceeding relates to a dispute as to the meaning of clauses in the parties’ collective employment agreement. 1 It follows determination of a claim brought by the Tertiary Education Union (the TEU) in the Employment Relations Authority (the Authority). 2 [2] Clause 2 of the agreement sets out provisions relating to the review of a number of policies, including (for presen...