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1. [2021] NZACC 133 – Larason v ACC (17 August 2021) [pdf, 373 KB]

   ...important to note that traumatic rupture of the umbilical area is not the same as “general rupture of the anterior abdominal wall” which would take a far more violent force to develop. … The umbilicus is a natural point of weakness in the human body and the force required to disrupt this area is of course less than required to cause a “general rupture of the anterior abdominal wall”. It appears that ACC has perhaps inadvertently overlooked this fact. [30] Following M...

2. [2013] NZEmpC 38 Taiapa v Te Runanga O Turanganui A Kiwa Trust t/a Turanga Ararau Private Training Establishment [pdf, 117 KB]

   ...real stake in an early and full recuperation. [31] This principle is not to be confused, however, with what an employee may be doing during a period of sick leave, irrespective of where the employee may be. As the decided cases and experience of human affairs show, if an employee’s activities during a period of sick leave do not appear to be consistent with recuperation, this may justify inquiry by the employer to determine the genuineness of the illness or injury. In this case,...

3. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...INCONSISTENCY WITH THE BILL OF RIGHTS ACT Section 19: Freedom from Discrimination 11 Under section 19(1) of the Bill of Rights Act everyone has the right to freedom from discrimination on the grounds of discrimination set out in section 21 of the Human Rights Act 1993. The grounds of discrimination include age, marital status, family status and sex. 12 Not all policies or practices that draw a distinction between individuals give rise to an issue of discrimination under section 19(...

4. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...IMPROVEMENT IS REQUIRED: NEEDS TO GET ON TOP OF HEALTH ISSUES & EVERYTHING ELSE WILL GO AWAY – BRING BACK THE OLD [MR WARD]! [5] Mr Romanes and Mr Chris Mackie, the company’s plant health and safety manager (who was also responsible for human resource management), convened a meeting with Mr Ward on 11 July 2016. Mr Mackie took a file note of what transpired: [Mr Ward] stated he isn’t happy with the way things are going for him at [the company]. He isn’t sure that h...

5. Director of Proceedings v Southern District Health Board [2020] NZHRRT 5 [pdf, 494 KB]

   (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN, RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 5 UNDER BETWEEN AND AT WELLINGTON BEFORE: Ms J Foster, Deputy Chairperson Dr SJ Hickey MNZM, Member Dr JAG Fountain, Member REPRESENTATION: Ms K Eckersley, Director of Proceedings Reference No. HRRT 045/2019 SECTION 50 OF THE HEAL T...

6. Peters v Eruera - Kaikoura No.4 (2011) 40 Waiariki MB 206 (40 WAR 206) [pdf, 131 KB]

   ...Waiariki MB 214 Submissions and Evidence for the Respondent [13] Ms Insley submitted that the application should be dismissed pursuant to s. 238 of Te Ture Whenua Maori Act 1993, ss. 19 and 24 of the NZ Bill of Rights Act 1990 and s. 65 of the Human Rights Act 1993. She sought to have the oral judgment of the Court delivered on 7 September 2010 fulfilled and a tenancy agreement completed. In her submission, the trustees had not performed their duty to follow the Court’s dir...

7. Churton v Trustees of the Mangaporou Trust (2015) 337 Aotea MB 131 (337 AOT 131) [pdf, 219 KB]

   ...complex, fluid and multi layered. [8] Accordingly, the applicant asserted that his family have customary rights over the trust lands, which were established over time by his tipuna through occupation. To that end, the applicant argued that the Human Rights Act 1993 cannot diminish the rights of his whānau to use and occupy Māori land as such rights are retained per Article Two of the Treaty of Waitangi. [9] The applicant implored the Court to direct the trustees to enter int...

8. [2017] NZEmpC 27 Dent v Waikato DHB [pdf, 192 KB]

   ...of the parties filed a memorandum effectively containing their submissions. In addition the WDHB filed an affidavit in opposition to the challenge to objection to disclosure. This affidavit was sworn by an employee relations consultant in the human resource department of the WDHB and sets out some of the history of disclosure of documents in this matter. There are four grounds upon which the WDHB now objects to disclosure. These are as follows: (a) the plaintiff’s request is...

9. [2021] NZEnvC 028 Goodwin v Wellington City Council [pdf, 990 KB]

   ...from the site does not exceed a reasonable level. 16. Work affecting archaeological sites is subject to a consent process under the Heritage New Zealand Pouhere Taonga Act 2014. An archaeological site is defined as physical evidence of pre-1900 human activity. This can include above ground structures as well as below ground features. Below ground features can include burnt and fire cracked stones, charcoal, rubbish heaps including shell, bone and/or glass and crockery, ditches, banks,...

10. Director of Proceedings v Evelyn Page Retirement Village Ltd [2019] NZHRRT 31 [pdf, 482 KB]

    (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (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 31 UNDER BETWEEN AND AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Reference No. HRRT 021/2019 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994...