Search Results

1. [2019] NZCAA 1 (18 January 2019) [pdf, 216 KB]

   ...discrepancy. The evidence from Customs could point to tampering with the odometer, replacement of a failed odometer without setting the reading to the distance the vehicle had been driven, electronic or mechanical fault in the odometer, or human error that resulted in an incorrect recording in the database relied on. However, the last mentioned is not a preferred explanation. There is an anomaly between the 2014 and 2015 record in Japan, and in addition the reading in 2017 is...

2. 2021-08-02 ORC - MOC - in response to directions issued at PHC [pdf, 373 KB]

   ...DISCHARGES Policy 7.D.5 When considering any discharge under section 12.C, including the duration of any consent, have regard to: (a) The effects, including cumulative effects, of the discharge on water quality, ecosystem health and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and the sensitivity of the any receiving water; and (c) The quality and...

3. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...contract does not specify any age-related entitlement criteria? (v) In the absence of any contractual age-related entitlement criteria, is a policy of only paying retirement gratuities to employees who have attained the age of 65 a breach of the Human Rights Act 1993 and section 104 of the Employment Relations Act 2000? 3 AC 3A/06, 10 February 2006 at [21]. 4 At [10]. (vi) What effect does section 238 of the Employment Rela...

4. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...Services wrote a combined email to the parties in relation to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodge...

5. INZ (Calder) v Horan [2019] NZIACDT 23 (23 April 2019) [pdf, 163 KB]

   ...earlier decision. [5] Mr Horan accused multiple immigration officers in numerous communications of being amongst other things, inept, callous, arrogant, insensitive, uncaring, unconscionable and unprofessional, of being unable to distinguish basic human rights and ignoring the principles of fairness, of treating clients worse than New Zealanders treat animals and of being corrupt, overzealous and overbearing. [6] Furthermore, Mr Horan declined to copy to a client an important commun...

6. ENV-2016-AKL-000xxx New Zealand Steel Limited v Auckland Council [pdf, 182 KB]

   ...and industrial discharges to air. (iii) E14. Air quality … E14.2. Objectives [rcp/rp] (1) Air quality ... (2) Air discharges from use and development meet national air quality standards Auckland Ambient Air Quality Standards. (3) Human health, … 100053497/5125981 8 (iv) E14.3 Policies [rcp/rp] (1) Protect human health by requiring that air discharges do not cause ambient air quality to exceed the Auckland Ambient Air Quality Standards in Table E14.3.1 fo...

7. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...called a site manager, project manager or a developer does not matter. The duty is attached to the function in the development process and not the description of a person. [18] The claimants allege that it was Mr McLachlan who was the human being who on behalf of Hanley Hall took responsibility for the direction and supervision of the development of this dwelling. Ms Dunworth submitted that the claimants were not intending to “pierce the corporate veil” in that their...

8. Proactive release – Process for developing a national strategy for eliminating family violence and sexual violence with Interim Te Rōpū [pdf, 814 KB]

   ...no financial implications at this stage as costs will be met within baselines. Legislative Implications 20. This paper has no direct legislative implications. Impact Analysis 21. A regulatory impact or compliance cost statement is not required. Human Rights 22. Implementing a strategy and action plan to eliminate family violence and sexual violence assists the Government to meet its human rights obligations in the Convention on the Elimination of Discrimination Ag...

9. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...five days before check-in. Had they allowed DI to cancel the booking for a refund they will suffer a significant loss as this was the busy Christmas period. 21. MB explained that the booking system runs on an automated platform and there is no human element to it. If an error occurs, the customer will know and the booking will not be accepted. In this particular case, MB says the IT logs were checked and no issue was identified. He says if a system issue occurred it would not impact...

10. BORA Education (Update) Amendment Bill [pdf, 148 KB]

    ...Accordingly, we consider that the Bill does not limit religious freedom. Section 19(1) – Freedom from discrimination 13. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds in the Human Rights Act 1993. Those grounds include religious and ethical belief. 4 Section 19(2) contains a qualification against the prohibition against discrimination. It provides that measures taken in good faith, to assist or advance persons or...