Search Results

1. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...bargaining has stalled on the issue of an availability provision. MUNZ made an unsuccessful offer to ISO to attempt to deal with the availability provision proposed to be included in a collective agreement. Dean Carter, ISO’s General Manager Human Resources, acknowledged at the hearing earlier this year that the collective agreement ISO offered to MUNZ was very much in line with the individual employment agreement Mr Lye has with the company. No significant changes were being p...

2. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [pdf, 260 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint...

3. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...of New Zealand citizens to enter New Zealand. Section 18(3) of the Bill of Rights Act affirms that everyone has the right to leave New Zealand. 22. We note that the freedom of movement is one of the fundamental rights recognised by international human rights treaties. For instance, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (‘the ICCPR’), to which New Zealand is a party, confirm that everyone shall be free to leave any count...

4. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...disproportionately severe? Is the notification requirement treatment or punishment? 15. The White Paper commentary indicates that the treatment element of s 9 is aimed at “any form of treatment” that is “incompatible with the dignity and worth of the human person”.5 Butler and Butler consider that the term is “sufficiently wide to refer to any measure applied to a particular person or persons, or the manner in which a particular person or persons is dealt with”.6 I am...

5. [2014] NZEmpC 29 Patel v OCS Ltd [pdf, 66 KB]

   ...an error made by the Authority, where it is said that the plaintiff allocated a staff member from a “critical area” to a “non-critical area” and that finding was incorrect. The defendant accepts that this was in error. Mr Reynolds, the Human Resources Manager of the defendant, who was the decision maker and who has sworn an affidavit in support of the defendant’s opposition to the application for urgency and in support of the application for a stay, says that he found th...

6. Proactive Release Amendments to Lawyers and Conveyances Act (LPRR) [pdf, 1.1 MB]

   ...Regulatory Impact Analysis requirements on the basis that it has no or minor impacts on businesses, individuals, or not-for- profit entities. 4 I N C O N F I D E N C E ak1uc0av4w 2022-04-05 15:20:22 Proa cti ve R ele as e I N C O N F I D E N C E Human Rights 25. The proposed amendment seeks to balance the rights of lawyers to personal safety and privacy with the rights of the public to have access to information about where to secure legal representation. Treaty of Waitangi Impl...

7. 20240228-Corrections-Victim-Protection-Amendment-Bill-BORA.pdf [pdf, 184 KB]

   ...expression 14. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form. The right to freedom of expression is “as wide as human thought and imagination” and includes any activity which conveys or attempts to convey a meaning. 15. We have considered whether the requirement in the Bill to establish and maintain processes to protect victims and those with p...

8. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

   ...of buying out successors to the original owners. The descendants of these successors are the mana whenua most closely connected with the foreshore at Matiatia that is affected by the marina proposal. 12. It is possible that some of the koiwi (human remains) found at various times on Matiatia’s northern beach belong to this whanau of Ngati Paoa. 13. However, the conversion of Ngati Paoa to Christianity in the 1830s led them to adopt more-delineated, English style cemetery plots o...

9. BORA Resource Legislation Amendment Bill [pdf, 436 KB]

   ...justice affirmed in s 27(1) of the Bill of Rights Act. Section 19(1) – Freedom from discrimination 16. Section 19(1) of the Bill of Rights Act affirms the right of everyone to the freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Those grounds include race. 17. Arguably, the requirement for local authorities to extend an invitation to iwi to enter into an Iwi Participation Arrangement in clause 39 of the Bill draws a distinction on the...

10. Briefing for incoming Minister 2017 - Attorney-General [pdf, 1015 KB]

    ...responsibilities New Zealand Bill of Rights Act 1990 Provision of advice on consistency of legislation with the New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’) affirms, protects and promotes human rights and fundamental freedoms in New Zealand. Section 7 of the Bill of Rights Act requires the Attorney-General to advise the House of Representatives if any provision in a Bill appears to be inconsistent with any of the rights an...