Search Results

1. Updated advice on consistency with the New Zealand Bill of Rights Act 1990: Citizenship (Western Samoa) (Restoration) Amendment Bill [pdf, 247 KB]

   ...criteria in a. or b. above. Consistency of the Bill with the Bill of Rights Act Section 19 – Freedom from discrimination 7. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). 8. Two factors must be met for discrimination to be identified under section 19(1) of the Bill of Rights Act:4 a. there is a differential treatment or effect as between persons or groups in...

2. 2025 NZPSPLA 118 pdf [pdf, 142 KB]

   ...their conduct fell short of best practice and that their systems required improvement. They also accept they should have provided their contractors with more oversight and taken basic checks as to their licence status. Failure to do so was caused by human error and was not intentional. They knew the director of the contractor and he had taken over from the previous contractor for whom he had previously worked. They therefore assumed he had the required licence. [11] The problem with...

3. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...was assured of this, he approved the requested leave for both men. There is no suggestion of any party acting in bad faith in these interchanges. The plaintiffs attended and gave evidence at the Authority’s investigation meeting. [6] A NSTL human resources adviser subsequently considered that this was not an appropriate use of paid union leave. The company’s view was that employees absent from work to be witnesses in proceedings should take personal leave of some sort for t...

4. [2012] NZEmpC 204 Here v McAlphine Hussman Ltd [pdf, 140 KB]

   ...seriousness of the allegation, the possible consequences of an adverse finding, and of the right to representation. [16] Mr Here attended the meeting with his representative (Mr Campbell, who was the union delegate at the factory). Ms Van Es, the Human Resources Manager, was also present. Ms Van Es took notes, and assisted Mr Atkins in her capacity as human resources adviser. [17] Mr Here did not deny that he had uttered the words complained of, and nor did he (or his represent...

5. [2015] NZEmpC 126 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 127 KB]

   ...contents of what was then this draft affidavit not only did not allay its concerns but exacerbated them. In particular, she says that at para 4(a) of Ms Park’s draft affidavit the intended deponent indicated that she had searched LSG’s hard copy human resources files and provided documents to its counsel for inclusion in the schedule of privileged documents. [10] Counsel for the plaintiff are critical that Ms Park did not depose to when those searches had occurred, and the lang...

6. BORA Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill [pdf, 347 KB]

   ...commercial expression under section 14 of the Bill of Rights Act. SECTION 19: RIGHT TO BE FREE FROM DISCRIMINATION 16. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years. 17. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discriminatio...

7. Evidence Brief: Mental Health Courts [pdf, 255 KB]

   ...Interventions with Mental Health Illness: Evaluation of Mental Health Courts in Bronx and Brooklyn, New York, Urban Institute. Honegger, L. (2015). Does the Evidence Support the Case for Mental Health Courts? A Review of the Literature. Law and Human Behaviour, Vol. 39, No. 5. Citations i Thompson et al, 2007 ii Almquist and Dodd 2009 iii Schug and Fradella, 2015 iv Ibid. v Sowerwine and Schetzer, 2013 vi Sarteschi et al, 20...

8. [2018] NZEmpC 72 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 267 KB]

   ...process”; (iii) made its determination based on uncontested allegations that disparagement had occurred; and (iv) had not considered its own position as a “government agency” and by making the determination had impeded her application to the Human Rights Review Tribunal; (b) the compliance order affected, adversely, her ability to prepare for the other proceeding between her and the Vice-Chancellor; and (c) the determination was flawed because it contravened the “Public...

9. [2020] NZEnvC 179 Northland Regional Council v Glamuzina.pdf [pdf, 189 KB]

   ...Affidavit of Mr Khanal, at [21]. 13 Affidavit of Mr Khanal, at [22]. 14 Affidavit of Mr Khanal, at [33] 15 Affidavit of Mr Khanal, at [20]. 16 Affidavit of Mr Khanal, at [40]. 17 Affidavit of Mr Khanal, at [41] 9 [21] PAHs are classified as human carcinogens and BaP is classed as one of the most potent carcinogens known. Burning scrub, forestry slash and other vegetative matter releases BaP as soot (the majority of soot is PM2.5) and also remains in ash. People exposed to...

10. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

    ...point in the gender composition of the profession, as it became female dominated, was said to not have removed this legacy. [23] In developing submissions about indirect discrimination the plaintiffs’ argument identified s 65 of the Human Rights Act 1993. They relied, at least partly, on the High Court decision in Northern Regional Health Authority v Human Rights Commission where Cartwright J identified three issues arising from s 65 as follows:1 (a) Is there a neutra...