Search Results

1. [2020] NZSSAA 6 (28 April 2020) [pdf, 101 KB]

   ...a letter dated 19 August 2019, two years after the relevant period, written by a Dr Dietrich which states: This is to certify that my patient for over 20 years, (name and date of birth redacted) has been critically ill and that for medical and humane reasons, it was absolutely necessary for his only son, (the appellant), to be with his father at his bedside in Germany from 15 May 2017 to 30 September 2017. [25] We asked the appellant why this medical certificate was not issued to hi...

2. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

   ...harm because of a crime committed by someone. You do not need to have reported the crime to Police. All providers should follow these principles. They must also comply with legal, professional and ethical standards and codes of conduct, and the Human Rights Act 1993. The principles aim to ensure better outcomes for you when you’ve been affected by a crime. Although they are not legal rights, the principles provide a code of conduct for providers and let victims know what they can ex...

3. [2010] NZEmpC 70 Electrix Ltd v NZ Amalgamated Engineering Printing and Manufacturing Union [pdf, 39 KB]

   ...on the strike proceeding because the plaintiff may have insufficient non-union employees to be able to maintain the essential service it provides. I note, however, that the strike notices do not prevent the involvement of union members where human life is at risk. Balanced against this are the interests of third parties who are likely to be adversely affected by the proposed strike action. [33] However, looking at the overall justice of the case and the respective strength of th...

4. Greater-Wellington-Cover-Regional-Council-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 435 KB]

   ...consents are needed for the proposed activity to which this application relates and have not been applied for: • a resource consent Resource Management (National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES-CS); In addition, a number of other RMA statutory approvals will be required including: • the potential transfer of water permits rights under s.136 of the RMA in relation to existing water bores on prope...

5. Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) [pdf, 258 KB]

   ...its various amendments, the Maketū land was converted to General land without the consent of its owners. This has resulted in serious harm and grief. The Maketū land should in fact be Māori freehold land. (b) It is unlawful and a breach of human rights and the Bill of Rights Act 1990 that the Criminal Proceeds (Recovery) Act 2009 permits the forfeiture of land when no criminal conviction is entered. Mr Nicholas has not been convicted of the charges on which the forfeiture or...

6. [2022] NZEnvC 121 Cullinan v Kaipara District Council [pdf, 425 KB]

   ...subsurface archaeological evidence (shell, midden, hangi, storage pits, etc) should be unearthed during construction, work should cease in the immediate vicinity of the remains and the Heritage New Zealand should be contacted. 5. In the event of koiwi (human remains) being uncovered, work should cease immediately and the tangata whenua of Te Uri O Hau shall be contacted so that http://www.kaipara.govt.nz/ appropriate arrangements can be made. 6. The consent holder is require...

7. [2022] NZACC 29 – McIver v ACC (8 March 2022) [pdf, 184 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific 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. [19] Section 28 of the Act provides: (1) A work...

8. BORA Local Electoral (Māori Representation) Amendment Bill [pdf, 274 KB]

   ...before an appointment is made. 2 CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 7. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993, which include race. Legislation may give rise to discrimination under s 19(1) of the Bill of Right Act if the legislation draws a distinction based on one of the prohibited grounds of discrimination and the distincti...

9. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...

10. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

    ...be brought before the Tribunal at the date of his bankruptcy, but it cannot be said that that potential created a debt or liability certain or contingent. f) Counsel went on to submit that the principle in Kaye was recently applied by the Human Rights Review Tribunal in Fehling v Appleby 10 when considering s 232 of the IA 2006. There it was held that proceedings before the Tribunal should not be halted by a defendant’s bankruptcy, essentially on similar reasoning as was a...