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1. IU v KI & CI [2022] NZDT 111 (15 August 2022) [pdf, 207 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 7. The standard of care required of KI and CI is that of a reasonable person, of normal intelligence, making prudence as a guide to his/her conduct. The standard of care required is not that of a genius, nor a superhuman, nor a person with unusual powers of foresight. 8. I find that KI and CI were negligent for the following reasons: (a) Photographs show that the trees along the roadside, including the pine tree in question, are enormous. (b) T...

2. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

3. Proactive Release - District Court Amendment Rules 2019 [pdf, 682 KB]

   ...seeking a waiver of the 28-day rule. Compliance 8. The regulatory changes comply with each of the following: 8.1. the principles of the Treaty of Waitangi; 8.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 8.3. the principles and guidelines set out in the Privacy Act 1993; 8.4. relevant international standards and obligations; and 8.5. the LAC Guidelines on the Process and Content of Legislation (2018 edition), which...

4. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

   ...nor the employee can properly resent the exercise of the Court’s equity and good conscience jurisdiction if they seek to press a technical point; assert, without demonstrating real prejudice, a rigid reliance on the pleadings; take advantage of human error or, generally speaking, endeavour to repudiate an agreement or promise duly acted upon. In such circumstances, the Court has the power, if not the obligation, to seek to achieve justice between the parties according to the equity an...

5. Proposals against incitement of hatred and discrimination - summary document - Japanese [pdf, 412 KB]

   ...どうかを決定するために皆様からご意見をいただきたいと望んでいます。 ご意見は 2021年 6月 25日から 8月 6日まで受け付けています。 ご意見は、Citizen Spaceのウェブサイト https://consultations.justice.govt.nzから送信するか、 humanrights@justice.govt.nzまで電子メールで送信するか、または Human Rights, Ministry of Justice, SX10088, Wellingtonまで郵送してください。 機密性や個人情報に�...

6. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...subsequent challenge is a legitimate incident of the negotiated settlement of claims for collective redress. 16. Any limit on minority rights under section 20 of the Bill of Rights Act would be justified on the same basis. 17. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are compa...

7. BORA Animal Welfare Amendment Bill [pdf, 306 KB]

   ...in your report under the Bill of Rights Act on the Criminal Procedure (Reform and Modernisation) Bill.1 The report considered these reverse onus offences were demonstrably justified under s 5 of the Bill of Rights Act. It was considered that the humane treatment of animals is a matter of considerable social importance; any qualifying fact will be a matter that is within the defendant’s knowledge and capacity to prove; and there is unlikely to be an undue burden on the defendant. C...

8. BORA Real Estate Agents Bill [pdf, 292 KB]

   ...is 18 or older. 4. Such differential and, to the extent that people under 18 may wish to be licensed, potentially disadvantageous treatment on the basis of age may engage the right against discrimination under s 19(1) BORA and s 22(1)(i) of the Human Rights Act 1993. It is currently unclear whether discrimination in terms of s 19(1) requires not only disadvantageous differential treatment but also, as for example in Canadian caselaw, that the differentiation must be invidious. It foll...

9. Anne-Tooheys-Submissions-Aya-Al-Umari.pdf [pdf, 192 KB]

   ...recognises the rights of immediate family as interested parties, to participate in inquiries and inquests. It is submitted those rights should be informed by the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 18. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to t...

10. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28 [pdf, 173 KB]

    ...Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 28 I TE TARAIPIUNARA MANA TANGATA 2 made. Mr and Ms Cunliffe were successful in their claim against the Board2 and the Tribunal ordered the Board to pay Mr and Ms Cunliffe’s disbursement costs i...