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1. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...DECISION: 21 April 2021 DATE OF DECISION ON COSTS: 11 August 2021 DECISION OF TRIBUNAL ON COSTS1 1 [This decision is to be cited as Beattie v Official Assignee (Costs) [2021] NZHRRT 40. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 40 I TE TARAIPIUNARA MANA TANGATA 2 Introduction [1] The Tribunal by decision in Beattie v Official Assignee [2021] NZHRRT 21 (21 April 2021) dismissed Mr Beattie’s complaint of interfere...

2. Maritime Powers Bill [pdf, 151 KB]

   ...Rights Act. Section 22 – Liberty of the person 32. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.12 33. Where an enactment is inconsistent with s 22, there can be no role for justification under s 5. The term “arbitrarily” is intended to provide a measure of the reasonableness of statutory powers,1...

3. [2023] NZEnvC 177 Otago Regional Council v Armishaw [pdf, 280 KB]

   ...costs against Blair Edward Armishaw seeking costs relating to the interim and final orders it obtained against him. Background [2] The application for interim enforcement orders was lodged with the court on 6 May 2022 to address the discharge of human sewage from his property situated at 1010 Weston-Ngapara Road, Elderslie (‘the Site’). The application was granted on the same day,1 although the orders were not complied with. [3] The Council filed a further application pursuan...

4. Rafiq v Department of Internal Affairs [2013] NZHRRT 11 [pdf, 56 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 11 Reference No. HRRT 042/2011 UNDER THE PRIVACY ACT 1993 BETWEEN RAZDAN RAFIQ PLAINTIFF AND SECRETARY FOR THE DEPARTMENT OF INTERNAL AFFAIRS DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr R Rafiq in person (no appearance) Mr S Cohen-Ronen for Defendant DATE OF HEARING: 12 and 13 April 2012 DA...

5. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 35 Reference No. HRRT 024/2013 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND NORTHLINK HEALTH (formerly Rodney North Harbour...

6. [2012] NZEmpC 207 Hutton and Others v Provencocadamus Ltd (in receivership) [pdf, 252 KB]

   ...Balchin) was engaged jointly by Provenco and Cadmus to act as integration manager, to assist the companies through the merger process. She was not involved with the Vantex side of the business. Ms Balchin is highly experienced in matters relating to human resources management and organisational change, having provided advice to a number of large organisations in relation to such issues over many years. Amongst other things, Ms Balchin was responsible for facilitating the process...

7. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...considered whether this is a breach of s 19(1) of the Bill of Rights Act. Right to freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds listed in the Human Rights Act 1993. The grounds of discrimination in the Human Rights Act include race and ethnic origins. 9. Drawing on the New Zealand case law on discrimination, we consider that the key questions in assessing whether there is a l...

8. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...being permanently deleted.4 [29] All of these scenarios involve an error or oversight that could potentially be described as careless or reckless. However, all were found to constitute an involuntary disclosure. Section 65(4) recognises that human error occurs and provides a safeguard. Despite Ms Bowen’s allegations of recklessness and disregard, it is clear that there was a mistaken belief on the part of BNZ’s representatives that the call had ended and, as a result, the d...

9. BORA Family Court Proceedings Reform Bill [pdf, 326 KB]

   ...In accordance with Crown Law Office policy, this advice has been peer reviewed by Jane Foster, Crown Counsel http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE25849450/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/family-court-proceedings-reform-bill-pco-16734-12.0#_ftn23 Charlotte Griffin Crown Counsel Footnotes 1. Care of Children Act 2004; Child Support Act 1991; Children, Young Persons, and Their Fami...

10. [2023] NZEnvC 030 Te Rūnanga o Kaikōura v Marlborough District Council [pdf, 1.3 MB]

    ...New provision in Chapter 4 to recognise existing uses of natural and physical resources. The New Zealand King Salmon Company Limited New provisions to recognise: • that the qualities of the Marlborough Sounds have been altered by past human activities; • that the choice whether or not to use natural and physical resources have consequences; • that limiting development has a trade-off; • existing uses of natural and physical resources; New provisions to: • i...