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1. 2017 NZSSAA 037 (17 July 2017) [pdf, 214 KB]

   ...started confiscating property from the Jews), perhaps quite acceptable in the atmosphere of the times then. Those attitudes do not provide a decent foundation for interpreting the law in the 21st Century. However we need not argue the matter of human rights or discriminatory law in this Tribunal hearing; the Ministry’s case falls apart elsewhere. Going on ahead, it is necessary to lay out some overarching principles, so that the appellant and the Tribunal do not have to go back to...

2. [2009] NZEmpC AC 24/09 Turners and Growers Ltd v Marshall [pdf, 26 KB]

   ...copied by the defendant. [14] Ms Swarbrick submitted that the evidence of serious risk of destruction or disposal of the material is contained at paragraphs 60 to 69 of the affidavit of Delys Tansley, the plaintiff’s general manager of human resources. Ms Tansley deposes that Mr Marshall has denied having confidential information but describes him, from her experience of dealings with him, as “cagey, inconsistent, antagonistic and does not give accurate responses to...

3. Proactive release – Community Magistrates (Remuneration and Allowances) Order 2019 [pdf, 690 KB]

   ...days after its publication in the New Zealand Gazette. Compliance 15. The Order is consistent with: 15.1. The principles of the Treaty of Waitangi; 15.2. The rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 15.3. The principles and guidelines set out in the Privacy Act 1993; 15.4. Relevant international standards and obligations; and 15.5. The Legislative Advisory Committees’ Guidelines on Process and Content of Legislat...

4. Proactive release - Orders in Council: Electoral (Expenditure Limit) Order 2020 [pdf, 641 KB]

   ...19 September 2020. No waiver of the 28-day rule is sought. Compliance 10. The Order complies with the following:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993, and  the Legislation Guidelines. Regulations Review Committee 11. There are no grounds on which the Regulations Review Committee should draw the Order...

5. [2008] NZEmpC AC 35/08 Webb v New Zealand Tramways and Public Passengers Transport Union Inc [pdf, 30 KB]

   ...submitted that a headnote summary of the determinations prepared by the Authority for publication on the Department of Labour’s website would be a better way of informing interested union members. Such summaries are, however, prepared for legal and human resources practitioners and tend to emphasise the legal outcomes and the Authority’s reasoning. There are other parts of the Authority’s determinations that should be available to members so that, put succinctly, mor...

6. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to-day professional practice and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rel...

7. Anti-Money-Laundering-and-Countering-Financing-of-Terrorism-Definitions-Amendment-Regulations-2023.pdf [pdf, 1 MB]

   ...C O N F I D E N C E Compliance 23 Cabinet has already considered the statement about the compliance of the wider policy proposals with the principles of the Treaty, rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993, relevant international standards and the Legislation Guidelines. Regulations Review Committee 24 There are no grounds for the Regulations Review Committee to draw the disallowable instrument or regulations to the attention...

8. Proactive-release - Jury Amendment Rules 2020 [pdf, 872 KB]

   ...beneficial to the public. Compliance 10. The regulatory changes comply with each of the following: 10.1. the principles of the Treaty of Waitangi; 10.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 10.3. the principles and guidelines set out in the Privacy Act 1993; 10.4. relevant international standards and obligations; and 10.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation...

9. [2016] NZSSAA 110 (22 December 2016) [pdf, 112 KB]

   ...disadvantaged by the application of s 70. [19] In this case it appears that the appellant is subject to differential treatment because she is married and she is married to a non-New Zealand resident. This amounts to discrimination under s 23 of the Human Rights Act 1993 and as such appears to be a breach of s 19 of the Bill of Rights Act 1990. [20] Section 6 of the New Zealand Bill of Rights Act provides that whenever any enactment can be given a meaning that is consistent with th...

10. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

    ...of settlement do not expressly state how long the final written warning was to remain in force. [7] The terms of settlement also provided for performance review hui (meetings) to be held at six week intervals with the operations manager and the human resource department, for a period of eight months. These would include completed feedback forms from clients regarding Mr Mercer’s attitude and performance for that period. [8] Mr Mercer was represented throughout the in...