Search Results

1. [2018] NZSSAA 56 (31 October 2018) [pdf, 133 KB]

   ...Ministry, or for the appellant to think that adjustments would not be required. The reality is that the Ministry relies on a self-reporting regime to adjust benefit payments during a 52-week (or other) period, it is imperfect as it is susceptible to human frailty and error. There are cases where these errors are sufficient to engage s 86(9A) and (9B) of the Act. This is not a case where that is so. The appellant should have been aware that unless his wife’s income was reported accur...

2. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...9. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination”2 and includes any activity which conveys or attempts to convey a meaning.3 10. The Bill is intended to provide clarity around the use of the title “teacher”, to avoid any misunderstanding by the public ab...

3. 2024 NZPSPLA 014 pdf [pdf, 162 KB]

   ...22. Mr FB made the submission that should I decline his application on the basis of his affiliations I would be discriminating against gang members. That may well be the case however it is not unlawful discrimination as defined in section 21 of the Human Rights Act 1993. 23. Were it not for Mr FB’s patched status, on the information I have available to me I would be more than satisfied of his capabilities as a security worker. It appears that he could go far in this industry. Th...

4. [2023] NZEnvC 208 Nelson Regional Sewarage Business Unit v Tasman District Council [pdf, 9.3 MB]

   ...area and mark off the affected area; (ii) Advise the Tasman District Council of the disturbance; and (iii) Advise Heritage New Zealand Pou here Taonga of the disturbance. (b) If the archaeological material is determined to be Koiwi Tangata (human bones) or taonga (treasured artefacts) by Heritage New Zealand Pouhere Taonga, the Consent Holder shall immediately advise the office of the appropriate rOnanga (office contact information can be obtained from the Tasman District Counci...

5. [2019] NZEmpC 86 Lyttleton Port Company Ltd v Pender [pdf, 325 KB]

   ...hit the ‘apply now’ button below. Please state your preferred work group – A, B, C, D. (emphasis added) [14] Mr Pender had wanted to become a crane driver for some time. He tried to apply online but encountered difficulties in doing so. Human Resources assisted him in the process. He did not specify a preferred group. Mr Pender says that he had a conversation with a tutor (Mr Rush) which led him to believe that there were only 12 training positions available and that the...

6. [2018] NZEmpC 136 Mathews v Bay of Plenty District Health Board [pdf, 174 KB]

   ...(AVL); second, the Bay of Plenty District Health Board objects to evidence contained in the briefs of evidence filed by and on behalf of the plaintiff, Dr Mathews. Application for leave to call witness by AVL [2] Ms Wallace is a former human resources associate at the Bay of Plenty District Health Board and its relevant predecessors. Her evidence is clearly relevant to the matters in issue in these proceedings. [3] Ms Wallace has sworn an affidavit in support of the app...

7. AZ v MX [2015] NZIACDT 75 (22 June 2015) [pdf, 130 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

8. 2021-02-15 Minute PC 1 & 8 mediaiton expert conferencing [pdf, 383 KB]

   ...Protection Society of New Zealand Inc, Southern District Health Board ✓ Amended Policy 7.C.6 Reduce adverse effects of discharges from stormwater systems ✓ New Policy 7.C.12 Reduce adverse effects of discharges of human sewage ✓ Effluent storage and application to land through new minimum standards Animal waste storage and applic- ation Part B Schedule 18 Storage pond drop test requirements and criteria Kāi Tahu ki Otago...

9. [2022] NZEmpC 25 UBP Ltd v Rantiaawa-Kaui [pdf, 219 KB]

   ...application, filed before Ms Douglas was retained as counsel for UBP, was framed as an application for a stay of proceedings and made a number of comments about the Authority’s investigation. It was accompanied by an affidavit from Ms Morgan, a Human Resources Manager for UBP, which largely addressed the perceived merits of the Authority’s findings and processes. [4] Ms Douglas has now filed helpful submissions clarifying UBPs position and confirming the application is for a st...

10. BORA Biofuel Bill [pdf, 292 KB]

    ...analysis set out above we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103 2 R v Wholesale Travel Group (1992) 84 DLR (4th) at 213 In addition to the general disclaimer for all...