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1. UM v F Ltd [2023] NZDT 599 (22 November 2023) [pdf, 201 KB]

   ...redress against a manufacturer where goods fail to comply with the guarantee of acceptable quality because of an act, default or omission of somebody other than the manufacturer or their agent, or where any failure is due to a cause independent of human control, occurring after the goods have left the control of the manufacturer. 6. Section 27 CGA provides for a consumer to claim for any loss or damage to the consumer resulting from any failure which was reasonably foreseeable as li...

2. [2014] NZEmpC 98 Narayan v Telecom NZ Ltd [pdf, 129 KB]

   ...of the certificate to Telecom on 17 January 2012. Mr Henry had also been away on leave over this period. When he returned to work he requested Mr Narayan’s medical certificate, which by that stage was in the hands of his team leader or the human resources department. Mr Narayan alleges that the fact of Mr Henry requesting the certificate at that late stage indicated that, for an ulterior motive, Mr Henry wanted to commence a disciplinary process against him. [20] The eviden...

3. Heads v Attorney-General [2015] NZHRRT 12 [pdf, 703 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 12 Reference No. HRRT 048/2011 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN ERNEST FINDLAY HEADS PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT DUNEDIN BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Dr F McCrimmon for plaintiff Mr IC Carter and Ms AL Graham for defendant DATE OF HEARING: 19, 20 and 21 February 2013; 23 and 24 Ap...

4. Director of Proceedings v The Ultimate Care Group Ltd [2022] NZHRRT 17 [pdf, 1.1 MB]

   ...Heard on the papers DATE OF DECISION: 8 April 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v The Ultimate Care Group Ltd [2022] NZHRRT 17. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 17 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 25 February 2022. [2] Prior to the filing of the proceedings t...

5. ENVC Hearing 6Oct14 DM local Sue Fitchett [pdf, 94 KB]

   ...activity occurs are more likely to leave the area entirely rather than relocate to man-made nesting boxes. (e) Penguins generally take more than 12 months to settle into new man-made nesting sites. Those sites need to be located away from possible human and animal (particularly dog) interference. (f) For new nesting sites to be successful, Little Blue Penguins first need to be encouraged to breed in nesting boxes by blocking off their existing burrows and placing a nesting b...

6. BORA Sex Offenders Registry Bill [pdf, 24 KB]

   ...Rights Act. In accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to Deborah Coddington MP, if you agree. Val Sim Chief Legal Counsel Bill of Rights/Human Rights Team Allison Bennett Principal Legal Adviser cc Minister of Justice Deborah Coddington MP Copy for your information In addition to the general disclaimer for all documents on this website, please note the following: This advi...

7. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...did consider a group of issues in relation to s 19 of the BORA. These are drawn to your attention below. Section 19 issues 4. Section 19 of the BORA provides for the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Limitations on grant of legal aid for proceedings under the Immigration Act 1987 5. Clause 6 of the Bill contains a proposed amendment to s 10(1) of the Legal Services Act. That provision limits the circumstances in which...

8. ST v UF Ltd 2020 NZDT 1410 (17 June 2020) [pdf, 155 KB]

   ...liable...: "for any defect in a building or breach of warranty to the extent that the defect or breach is caused by any of the following that occurs during or after completion of the building work in question: (a) a cause independent of human control: (b) any act or omission, including accidental damage, by a person who is none of the following: (i) the building contractor: (ii) a subcontractor to the building contractor: (iii) a person for whom the building contractor is res...

9. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...to the Minister of Justice. We also attach copies for referral to the Prime Minister, Deputy Prime Minister and Associate Minister of Health, if you agree. Margaret Dugdale Allison Bennett Policy Manager Principal Legal Adviser Bill of Rights/Human Rights Team Office of Legal Counsel cc Prime Minister Deputy Prime Minister Minister of Justice Associate Minister of Health In addition to the general disclaimer for all documents on this website, please note the following: This adv...

10. [2023] NZEnvC 108 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 390 KB]

    ...at any point. (j) Clearance of indigenous vegetation where it has been planted as part of a domestic or public garden; or has been planted for amenity purposes; or planted as a shelterbelt; (k) Clearance of indigenous vegetation that is a danger to human life; (l) Clearance of indigenous vegetation that is a material risk to structures or utilities; (m) Clearance of indigenous vegetation that cannot be reasonably be avoided in the course of destroying pests required by any Regional Pest Manag...