Search Results

1. [2010] NZEmpC 78 SFWU v Rendezvous Hotels (NZ) Ltd [pdf, 39 KB]

   ...support of it. More particularly, it says that the employer’s last offer to the union of 26 May 2010 was rejected by union members who responded with a picket of the hotel on 16 June and a strike starting on 17 June 2010. The defendant’s human resources manager, Chloye Chen, says that “The defendant decided to lock out the striking employees with a view to persuading them to accept our last offer.” [21] Although this is only an interim hearing at which the evidence has not...

2. [2022] NZACC 106 - Easthope v ACC (2 June 2022) [pdf, 186 KB]

   ...this appeal has highlighted is the extraordinarily damaging effect the appellant’s spear tackle injury of 1986 has had on him, physically, mentally, socially and in terms of his self-worth as a positive, intelligent, prosocial and contributing human being. ACR 13/12 [24] The “accident” was plainly horrendous. The injuries and pain that it has caused are ongoing and have affected, on the evidence before me, all facets of the appellant’s life. They have affected his ab...

3. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 155 [pdf, 193 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific 6 event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [26] In Johnston,1 France J stated: [11] It...

4. [2022] NZACC 21 - Delamere v ACC (22 February 2022) [pdf, 270 KB]

   ...Respondent’s Submissions [29] Ms Becroft refers to s 20 of the Act providing cover for claimants who have suffered personal injury by accident. She notes s 25 defines an accident as involving the application of force or resistance external to the human body. [30] She also refers to s 26, noting that personal injury does not include personal injury caused wholly or substantially by gradual process, disease or infection, or the aging process. [31] She notes that a number of h...

5. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...Rights Act. Section 22 – liberty of the person 28. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19...

6. Contempt of Court Bill: Approval for Government Supplementary Order Paper [pdf, 1.2 MB]

   ...information and analysis summarised in the RIS met the QA criteria. Compliance 17 The SOP complies with: 17.1 the principles of the Treaty of Waitangi; 17.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; (The Ministry of Justice assessed the consistency of the Bill with the New Zealand Bill of Rights Act 1990 prior to the Bill’s introduction. The Ministry’s advice to the Attorney-General was that the Bill engaged sever...

7. ENVC combined interested party notices R to Y [pdf, 12 MB]

   ...mixing; (e) use the smallest mixing zone necessary to achieve the required water quality in the receiving environment; and (fJ minimise adverse effects on the life-supporting capacity of water within a mixing zone. (2) In managing discharge of human sewage, do not allow: (a) discharge of human sewage directly to water in the coastal environment without treatment; and (0) the discharge of treated human sewage to water in the coastal environment, unless: (i) there has been a...

8. [2009] NZEmpC CC 7/09 Heritage Expeditions Ltd v Fraser [pdf, 37 KB]

   ...been led to believe that the initial decision was final and will therefore not be prejudiced in the same way. [21] The grounds on which the present application is made are: a) Mr Russ is the sole director of Heritage Expeditions Ltd and is the human face of the company. b) Mr Russ is currently on board a polar research vessel at sea in a remote part of eastern Russia. He was on the vessel from 24 April 2009 until 26 May 2009 when he disembarked at a Russian port and travelled t...

9. [2011] NZEmpC 37 Vice-Chancellor of Massey University v Wrigley and Kelly [pdf, 231 KB]

   ...13 July 2009, candidates were told that questions to be asked at the interviews would include certain topics. [11] There were three selection panels. Each was chaired by Professor Peter Kemp, the head of the Institute. A member of Massey‘s human resources staff, Kathryn Tulitt, was also on each panel. The other two members of each panel were chosen with regard to the positions they were to deal with. In each case, they were members of Massey‘s academic staff. [12] Prior to...

10. Proactive release - Statutes Amendment Bill [pdf, 1.3 MB]

    ...are expected a result of the amendments in this Bill. Compliance 10 The Bill complies with 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, subject to final Attorney General confirmation; 10.3 the principles and guidelines set out in the Privacy Act 2020; 10.4 relevant international standards and obligations; and 10.5 the Legislation Guidelines (2021 edi...