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1. [2024] NZEnvC 243 Swap Stockfoods Limited v Bay of Plenty Regional Council [pdf, 209 KB]

   ...This matter concerns appeals on Proposed Plan Change 13 (Air Quality) to the Operative Bay of Plenty Regional Natural Resources Plan (PC13). This case is primarily about the management of dust in the Mount Maunganui Airshed (MMA) to protect the human health and mauri of the air. PC13 contains provisions to address the management of dust. Case management progress [2] The Court has issued a number of interim decisions.1 The Regional Council were directed to prepare further changes t...

2. Setting the scene

   ...these and gauge their current level of knowledge. During the course of the unit, add the agreed-on or correct definition in the second definition column. A definition table Word First definition Second definition justice     human rights     responsibilities     freedom     courts     justice system     2. Responsibilities and rights at different ages Ask your students to consider responsibilities and rights at differen...

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3. 2025 Decisions of public interest

   ...leave without pay – unjustified disadvantage grievance established – employer failed to make reasonable adjustments to enable employee to continue flying as captain on B777 – adjustments would not have caused unreasonable disruption – individual human rights diverged from collective interest – legal compliance with anti-discrimination obligations is paramount – employee not estopped from bringing personal grievance – failure to mitigate not unreasonable in the circumstances – di...

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4. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...others, prohibited narcotics. The identities of some of those informants have yet to be disclosed to the plaintiffs or to the Authority or the Court. The identity of one of those informants, and what he is alleged to have said to the company’s human resources manager, has now emerged. Whether the defendant must now disclose the identities of those other informants, and the veracity or reliability of the evidence of those informants, will be important questions for the Authority...

5. 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...

6. IPT Annual Report 2015 [pdf, 850 KB]

   ...concentrated on health issues, and the third day looked at residence and then stream-related issues. In April 2015, there was a visit by former colleague Michael Timmins, who had recently returned after spending a year as an expert consultant for the UN Human Rights Commission in Pakistan. In May 2015, the Tribunal hosted (with Ministry support) the world-renowned expert on refugee law, Professor Jim Hathaway of Michigan University, who conducted a day-long seminar. Professio...

7. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...te hunga ora. Tënä koutou, tënä koutou, tënä tätou katoa. MAIN FINDINGS The Tribunal found that: ♦ Moriori were covered by the Treaty of Waitangi Act 1975. ♦ Slavery inflicted upon Moriori was contrary to the law and to standards of human rights recognised at the time. It was also a breach of the Treaty. ♦ Slavery continued on Rekohu long after it had ended elsewhere, and was tolerated by the Crown. ♦ It was feasible for the Crown to have intervened. Failure to do...

8. [2016] NZEmpC 145 S v I Ltd [pdf, 170 KB]

   ...S v L [2014] NZEmpC 18. 7 At [10]. 8 S v L Ltd [2014] NZEmpC 97 at [55]. 9 A v B, above n 10. Act application as well as the subsequent request for disclosures which had been made. [22] Later, a member of L Limited’s Human Resources (HR) Department who had been responsible for dealing with the discovery issues said she had not been provided with these emails by the relevant employee. She said that the employee no longer worked for the company, so she coul...

9. [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...

10. IPT Annual Report 2016 [pdf, 867 KB]

    ...delivered through the Institute of Judicial Studies. Ms Aitchison attended the Salzburg Law School Summer Programme, on International Criminal Law. 9 Mr Burson attended a number of meetings overseas on natural disasters, climate change and human mobility. Ms Clayton attended a conference of the Commonwealth Magistrates’ and Judges’ Association in Wellington. Messrs Treadwell and Burson and Ms Dingle attended (and helped to organise) a conference of the Asia Pacific cha...