Search Results

1. [2007] NZEmpC AC 57/07 CE of the Department of Corrections v Imo [pdf, 92 KB]

   ...conclude that he had misconducted himself: … … … “(i) You guys are aware that when you are angry, yeah you just gotta deal with it. it’s not about you, its just about the system, and work, and politics within that.” “(ii) I’m human, I make mistakes but that’s not what I’m pissed off. I’m pissed off is all about my own, my own management, my work that I do.” “(iii) They can sack me but as long as I know that I have given you the best I don’t r...

2. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...boundary and, even if it may be given inadvertently, to exclude or at least diminish its weight significantly in the judgment. [25] As to the plaintiff’s objection to “advocacy” through evidence, this is also often a matter of fine judgment. Human litigants, and often the human decision makers within corporations, have much invested in their earlier acts and omissions and a very real interest in persuading a court that these were justifiable. So it is inevitable human nature...

3. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...relevant collective agreement provides that “Before any substantive disciplinary action is taken an appropriate investigation is to be undertaken by a manager.” An “appropriate investigation” includes one conducted under the employer’s own Human Resources Manual. Therefore, if the employer has not followed his own process, that can be the subject of a compliance order. [3] As developed in argument by his counsel, the defendant’s jurisdictional submission was that the...

4. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON AND OF HIS WIFE (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 50 Reference No. HRRT 070/2015 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND RADIUS RESIDENTIAL CARE LIMITED...

5. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...18(3) of the Bill of Rights Act are reasonable. SECTION 19(1): RIGHT TO BE FREE FROM DISCRIMINATION (Revised) 32. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include family status, which encompasses: • being married to, or being in a civil union or de factor relationship with, a particular person; or • being a relative of a particular person. 33. In o...

6. ORC-Proposed-Plan-Change-1-Dust-suppressants-ande-landfills-6-July-2020.pdf [pdf, 810 KB]

   ...chemicals and the spreading of waste oil on roads. Objectives 6.3.1, 6.3.2 Policies 6.4.1 - 6.4.12 6.2.6 [Unchanged] 6.3 Hazardous substances and hazardous waste objectives 6.3.1 To avoid, remedy and mitigate the risk to the environment and human health from hazardous substances and hazardous wastes. Explanation Otago’s environment, including its communities, must be protected from the adverse effects of hazardous substances and hazardous wastes, associated with le...

7. IPT 2019-20 Annual Report [pdf, 477 KB]

   ...Pearson, Ms Roche and Ms Wakim attended training (via webinar) on the questioning of vulnerable witnesses, including children. − Mr Burson gave a presentation at an expert meeting organised by the United Nations Office of the High Commissioner for Human Rights, on the application of international human rights law outside the scope of the Refugee Convention. The United Nations Human Rights Committee gave a decision dismissing a complaint against New Zealand in which the Committee...

8. FINAL-2021-Research-Memorandum-Witness-Familiarisation.pdf [pdf, 300 KB]

   ...questions. Witnesses may become nervous and frustrated. 8 L. Ellison and J.M Wheatcroft (2010): Exploring the Influence of Courtroom Questioning and Pre-trial Preparation on Adult Witness Accuracy Research Briefing Paper produced for the Arts & Humanities Research Council (AHRC), Universities of Leeds and Liverpool. This study also compared complex and simple styles of cross examination questions. 9 Ellison and Wheatcroft (ibid). These findings came with some caveats due to the f...

9. LCRO 185/2020 BC v DE and FG decision & minute (20 May 2021 & 30 April 2021) [pdf, 201 KB]

   ...investigation of a complaint that a lawyer has interfered with another person’s privacy, the Privacy Commissioner forms the opinion that there has been an interference with privacy, it is open to the Commissioner to refer the matter to the Director of Human Rights Proceedings (Director), under the Human Rights Act 1993.14 [102] It then becomes a matter for the Director to decide whether to bring proceedings against the offending lawyer in the Human Rights Review Tribunal.15 If thos...

10. [2022] NZEmpC 75 Tranzurban Hutt Valley Ltd v New Zealand Tramways and Public Passenger Transport Employees Union Wellington Inc [pdf, 314 KB]

    ...Passenger Service Vehicles 2019, cl 3. 7 New Zealand Tramways and Public Passenger Transport Employees Union v Tranzurban Hutt Valley Ltd, above n 2, at [9]. Evidence [19] Tranzurban called two witnesses. The first was Ms Renee Snelgrove, Human Resources and Legal Director for the Tranzit Group, of which Tranzurban is a part. She is responsible for incorporating the required rest and meal breaks into bus drivers’ shifts. After describing the background to which I h...