Search Results

1. [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...

2. [2019] NZEnvC 159 Auckland Council v Noe [pdf, 826 KB]

   ...resource consent. 2. The interim enforcement order sought under ss 314(1)(a)(ii) and 314(1)(da) is sought on the basis that it is necessary to avoid, remedy or mitigate actual or likely adverse effects on the environment, including: a. risks to human health associated with the placement of contaminated fill, including asbestos containing material; b. the immediate risk to soil and water quality associated with the placement of uncertified contaminated fill containing a combination of...

3. 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...

4. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...regulations and policies governing the treatment to be accorded to prisoners. [5] In 2013, Mr HN applied for legal aid to assist him with a civil claim he was intending to take against the Crown. Mr HN’s claim related to what he described as inhumane treatment he had been subjected to by the Department of Corrections in 2011 and 2012. [6] Mr HN’s treatment had been the subject of investigation by the Ombudsman. The Ombudsman’s findings were released in May 2016. [7] Mr HN�...

5. [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...

6. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...Activities: (a) Proposed sites for any purpose other than for road, open space or a designation where a building platform is identified on the plan of subdivision. The building platform shall be designed to allow for development likely in the relevant Human Environment Rules. Assessment of Controlled Activity applications will be limited to the matters of design, location and construction and will be considered in accordance with Assessment Criterion 2(a). [31] A building platfo...

7. [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...

8. Patel v Dean [2020] NZHRRT 37 [pdf, 237 KB]

   ...Mr Patel refused to pay. Mr Patel filed this claim seeking his file and damages for the interference with his privacy. 1 [This decision is to be cited as Patel v Dean [2020] NZHRRT 37.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 37 I TE TARAIPIUNARA MANA TANGATA 2 [2] Mr Dean subsequently provided Mr Patel’s file on 25 October 2018. Mr Dean acknowledges this was later than required by the Privacy Act 1993, but he dis...

9. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

   ...in April 2003 for access to her medical records. She says she declined this request and instructed her doctor not to release any information without her express prior approval. [20] In late July 2003 the plaintiff says that Mike Dodge, the then human resources manager for the police in Christchurch, requested that the plaintiff furnish a report from Mr Dugdale as part of her rehabilitation process. She agreed that this would happen and attended at Mr Dugdale’s clinic for this pu...

10. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

    ...S O’Sullivan and Ms R Daly for defendant DATE OF HEARING: 24 to 26 February 2020 DATE OF DECISION: 7 September 2021 DECISION OF TRIBUNAL1 1 [This decision is to be cited as Tamplin v Boizard [2021] NZHRRT 42.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 42 I TE TARAIPIUNARA MANA TANGATA 2 [1] Mr Tamplin was enrolled as a patient of Dr Robert Boizard at his general practice in February 2015. Mr Tamplin had been diagnosed with Parkinson’s diseas...