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1. [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...

2. AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [pdf, 84 KB]

   ...if any fuel contamination occurred through: i. an act or default or omission of any person other than ZZJ Ltd (e.g., the fuel was contaminated through the fault of ZZL Ltd) (s 26(a)(i) of the CGA); or ii. a cause independent of human control, occurring after the goods have left the control of ZZJ Ltd (s 26(a)(ii) of the CGA). [6] Similar liability would also exist under general principles of the law of negligence, but as the Consumer Guarantees Act has direct appl...

3. Director of Proceedings v Northlink Health [2013] NZHRRT 35 [pdf, 172 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 35 Reference No. HRRT 024/2013 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND NORTHLINK HEALTH (formerly Rodney North Harbour...

4. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

   ...potentially be disbarred for misconduct (as I was not providing regulated legal services) for having the audacity to complain to legitimate authorities about a judicial officer and you allow the prosecution to go ahead or you rule that I have a human right to air any grievances I have about their Honours in an appropriate forum and as such I cannot face punitive sanctions as a result”. He emphasised that he was not seeking any other ruling from this Office. [11] This is a misrepr...

5. McNab 26 November 2015 NZSHD 12 [pdf, 120 KB]

   ...there were occasions of non compliance with the signature compliance provisions of the Act. However again the non compliance was at a low level and the percentage of non-complying records was small. The non-compliance was a result of oversight or human error. I do not consider that the breaches established are sufficient to establish in their seriousness or their extent to suggest that Mr McNab is not a fit and proper person to hold a certificate Purchased goods from individuals whos...

6. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

   ...Conclusion 34. For the reasons given above, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Senior Legal Advisor Bill of Rights / Human Rights Team CC Minister of Justice Minister of Information Technology Footnotes 1 R v Keegstra [1990] 3 SCR 697, 729, 826 2 Federated Farmers of New Zealand v New Zealand Post [1992] 3 NZBORR 339. 3 RJR MacDonald v Attorney...

7. BORA Major Events Management Bill [pdf, 330 KB]

   ...consistent with the Bill of Rights Act. In reaching this conclusion, we have given particular emphasis to the purpose of this legislation. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Cc Minister of Justice Minister for Economic Development Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826. 2 Irwin Toy Ltd v A-G (Quebec) (1989) 58 DLR (4th) 577 (SCC). 3 RJR-MacDonald Ltd v Attorney Gen...

8. Li & Gao v CAC 408 & Riley & Loughran [2016] NZREADT 31 [pdf, 146 KB]

   ...of Committees, with which jurisdiction to order discovery is consistent; (e) natural justice requirements, one element of which is that parties should have all relevant material to properly present and defend their case; and (f) decisions of the Human Rights Review Tribunal and the Lawyers and Conveyancers Disciplinary Tribunal, confirming discovery can be ordered under analogous provisions. [30] The Authority submits that we have jurisdiction to order discovery, but not for all of t...

9. BORA Broadcasting (Election Programmes and Election Advertising) Amendment Bill [pdf, 164 KB]

   ...expression? 12 See General Comment on the right to participate in public affairs, voting rights and the right of equal access to public service CCPR/C/21/Rev.1/Add.7, paras. 19 & 25 (United Nations Human Rights Committee); Bowman v United Kingdom (1998) 26 EHRR 1, [43] and Animal Defenders International v United Kingdom (App No 48876/08 (GC)) [106]-[112] (European Court of Human Rights); and Libman v Quebec (Attorney-General) [1997] 3...

10. Justice Matters - issue 10 - March 2018 [pdf, 3.3 MB]

    ...now more than ever, we need transformative change not silent support. Over the last 30 years, we’ve seen a shift in our justice system; one that’s predicated on crime, punishment, and targets. A justice system that has lost sight of what’s humane and effective for offenders, victims, and the public isn’t a system I want to lead, and not a system New Zealanders deserve. I was heartened to attend the launch of the Borrin Foundation last week. The Foundation was set up at the be...