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1. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

   ...issue were really holidays. Did Ms McKay work while on holiday? [25] Ms McKay says she was a full-time salaried employee who worked well over 40 to 50 hours per week. She undertook a wide range of roles and responsibilities including: (a) human resources/recruiter (Wanaka Sun and Wanaka Pharmacy); (b) payroll (Wanaka Sun and Wanaka Pharmacy); (c) social media manager (Wanaka Sun and Wanaka Pharmacy); (d) rostering Staff (Wanaka Pharmacy); (e) website editor (Wanaka Su...

2. [2021] NZIACDT 22 – TC v Registrar of Immigration Advisers (3 September 2021) [pdf, 141 KB]

   ...that advisers should have the humility to accept when things go wrong and to learn from that. Instead, the adviser wrote to say he “enjoyed” our case and never once offered an apology. The appeal is not about technicalities, but about how humans treat each other. [75] The adviser has shown negligence and incompetence, as defined in the Cambridge dictionary, though the accusation is not that he is generally negligent or incompetent. He was wholly responsible for them being u...

3. Decisions-about-special-patient-leave-and-change-of-legal-status.pdf [pdf, 6.1 MB]

   ...Cabinet approved the Government response to He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (He Ara Oranga) [CAB-19-MIN- 0182]. This included the repeal and replacement of the Mental Health Act 'so that it reflects a human rights-based approach, promotes supported decision-making, aligns with the recovery and wellbeing model of mental health, and provides measures to minimise compulsory or coercive treatment'. Context Special patients enter com...

4. 2023-10-16-Memorandum-of-Counsel-general-matters-prior-to-hearing.pdf [pdf, 260 KB]

   ...acronyms and terms (Biodiversity Offsets Accounting Model) Biodiversity offsets accounting system - user guide (doc.govt.nz) Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 Designation and resource consent conditions abbreviations, acronyms and terms (Contaminated land) Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil...

5. LCRO 30/2023 YO obo TM v EB (13 May 2025) [pdf, 218 KB]

   ...consequences, of decisions in respect of matters relating to his or her personal care and welfare; and (b) to communicate decisions in respect of those matters. [59] This statement of presumption reflects the wider presumptions to be found in the Human Rights Act 1993, and international conventions such as the Convention on the Rights of Persons with Disabilities. [60] If a lawyer makes a presumption that a client lacks capacity merely because the person is elderly, it will offen...

6. [2023] NZEnvC 270 Port of Tauranga Limited [pdf, 3.3 MB]

   .................................................... 125 6.13 Effects of construction and operations on other harbour users .......................... 131 6.14 Effects arising from the release and spread of harmful aquatic organisms .... 132 6.15 Effects on the mauri of air and human health ............................................................... 133 6.16 Effects on birds ...................................................................................................................

7. Victim-led alternative resolution pathways [pdf, 1.6 MB]

   Victim-led alternative resolution pathways Research Report August 2022 Elaine Mossman Contents Executive Summary .................................................................................................................................. i Part A – Critical review of relevant literature ......................................................................................... 1 1.0 Introduction .......................................................

8. Guardianship, custody & access: Māori perspectives and experiences [pdf, 627 KB]

   ...individual-collective contrast that a comparison with Western land law invites results in the omission of a vast amount of material about the true significance of land: the role of Papatüänuku as a spiritual being, as ancestress, as the ultimate nurturer of her human descendants; the dual meaning of the term ‘whenua’ 20 Section 15(2). 21 Metge, J. Commentary on Judge Durie’s Custom Law (unpublished paper for the Law Commission, 1996) 3...

9. 2021-10-22 ORC PC7 - [2021] NZEnvC 164 - Interim Decision [pdf, 1 MB]

   OTAGO REGIONAL COUNCIL – PLAN CHANGE 7 – INTERIM DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 164 IN THE MATTER of the Resource Management Act 1991 AND of a notice of motion under section 149T(2) to decide proposed Plan Change 7: Water for Otago (referred to the Environment Court by the Minister for the Environment under s 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127)

10. Regulatory Impact Statement Vulnerable childrens bill child harm prevention orders [pdf, 234 KB]

    ...effective in preventing harm as they necessarily occur after harm has occurred. As such, the costs outweigh the benefits. 65. An order that a serious abuser not have further children was considered too restrictive, and as raising human rights compliance issues. 66. Flagging and tracking of high risk adults is a potential non-legislative option that was considered, and that Cabinet has agreed to pursue as part of the Children's Action Plan. The work involves a...