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1. Proactive release – Sexual Violence Legislation Bill: approval for introduction [pdf, 1 MB]

   ...aligns with the Government’s ongoing commitment to honour our Treaty obligations, in particular to protect Māori interests under Article Three. 31.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993: 31.2.1. In line with standard practice, the Crown Law Office will be advising the Attorney-General on the Bill’s consistency with NZBORA. 31.2.2. I note the policy proposal around pre-recorded cross-examination has...

2. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [pdf, 220 KB]

   ...6 inappropriate to label Mr Liu’s advice as negligent or lacking in due care, pursuant to the test set out in Mercado.2 An error in the course of providing professional advice may not breach a professional standard if it is an excusable human error.3 In this case, Mr Liu overlooked what other competent and diligent advisers would have overlooked. The common experience in this type of work is that visas are issued on the date when they are communicated. [25] In support, th...

3. Marshall v IDEA Services Ltd (Application for Interim Non-Publication Orders) [2019] NZHRRT 52 [pdf, 306 KB]

   ...PERMANENT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS AND ANY OTHER IDENTIFYING PARTICULARS OF SERVICE USERS OTHER THAN PLAINTIFF (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 52 Reference No. HRRT 015/2017 UNDER THE PRIVACY ACT 1993 BETWEEN EAMON HENNING MARSHALL Plaintiff AND IDEA SERVICES LIMITED Defendant...

4. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [pdf, 259 KB]

   ...Authority had been directed at the advocate with the cancellation of his licence. A vendetta had been waged against him. This had led him to appoint an associate for all immigration matters for his clients. [19] The advocate contended that the human rights of the couple had been breached by the findings made by the agency concerning the client’s health, character, marriage and the timing of the decision. A High Court Judge had rejected or totally ignored the affidavits presen...

5. 1. JWS 1 - JWS of Planning Experts dated 8 March 2022 [pdf, 274 KB]

   ...effects on water bodies, ecosystem services, and biodiversity are largely similar in intent and application and that the Chapter 25 matter is broader than the PC8 matter. 25. FB considers that the PC8 matter is broader as it relates to natural and human use values in addition to ecological and water quality matters. 26. CH, MB, FB agree that the PC8 matter regarding Kāi Tahu cultural and spiritual beliefs, values, and uses is broader than the Chapter 25 matter regarding cultural, heri...

6. Disclosure Statement Criminal Cases Review Commission Bill [pdf, 300 KB]

   ...generally expected to be available on the Ministry of Justice’s website upon introduction of a Bill. Such advice, or report, will be accessible on the Ministry’s website at https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill- of-rights-compliance-reports/ https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/ https://www.justice.govt.nz/justice-sector-policy/constitutional-issu...

7. [2020] NZEmpC 74 New Zealand Post Primary Teachers’ Association Inc v Secretary for Education [pdf, 237 KB]

   ...point in the gender composition of the profession, as it became female dominated, was said to not have removed this legacy. [23] In developing submissions about indirect discrimination the plaintiffs’ argument identified s 65 of the Human Rights Act 1993. They relied, at least partly, on the High Court decision in Northern Regional Health Authority v Human Rights Commission where Cartwright J identified three issues arising from s 65 as follows:1 (a) Is there a neutra...

8. LCRO 230/2015 ZM v LG [pdf, 123 KB]

   ...he had been domiciled in the European Union for several years; (d) no New Zealand based counsel he had contacted would agree to represent him because of his prior involvement with Mr GM; and (e) he invoked article 6 of the European Convention on Human Rights which, says Mr ZM, protects his right to a public hearing, and the right to access legal representation. [46] Mr ZM appears to be advancing argument that his difficulties in obtaining legal representation should provide him wi...

9. [2018] NZEnvC 057 Far North Holdings Limited v Northland Regional Council [pdf, 5.5 MB]

   ...organisms that are present in New Zealand by providing for: (a) the development of effective and efficient instruments and measures that prevent, reduce or eliminate the adverse effects of harmful organisms on the economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Maori, their culture, and their traditions and their ancestral lands, water sites, waahi tapu and taonga, and (b) the appropriate distribution of costs associa...

10. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

    ...was assured of this, he approved the requested leave for both men. There is no suggestion of any party acting in bad faith in these interchanges. The plaintiffs attended and gave evidence at the Authority’s investigation meeting. [6] A NSTL human resources adviser subsequently considered that this was not an appropriate use of paid union leave. The company’s view was that employees absent from work to be witnesses in proceedings should take personal leave of some sort for t...