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1. Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) [pdf, 254 KB]

   ...discovery of burials nearby and the fact that the actual boundaries of the Takamore urupā extend beyond the cadastral boundaries. Mrs Grace regards her land as wāhi tapu and states that she has been told that her land is likely to include areas of human interment. Mr Kamo also acknowledged those perspectives and agreed that there was potential for the land to be wāhi tapu. [33] Counsel submits that the Transport Agency’s evidence on the relevance of the sloping sand dune was...

2. LCRO 77/2021 GS and VU v CN and SW (23 March 2022) [pdf, 149 KB]

   ...Lawyer (3rd ed, LexisNexis, Wellington, 2016) at [4.3.2]. 10 Standards Committee determination, above n 1 at [17]. 8 • Mr VU needed to be careful he did not breach the requirements of rr 3.1 and 4.1.1, and the general requirements of the Human Rights Act 1993 not to discriminate against Mrs MM • Mr VU had obtained confirmation from Mrs MM’s doctor, that she was capable of engaging a lawyer for legal representation. This was supported by a report from a forensic psych...

3. [2022] NZACC 65 – Estate of Margaret Taiapa v ACC (21 April 2022) [pdf, 199 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. [28] In Johnston,1 France J stated: [11] It is co...

4. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is an archaeological site as defined in the Heritage Act: archaeological site means, subject to section 42(3),- (a) any place in New Zealand, including any building or structure (or part of a building or structure), that- (i) was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and (ii) provides or may provide, through investigation by archaeological methods, evidence relating to the history of...

5. [2021] NZEnvC 123 Wyuna Preserve Residents Association Incorporated v Queenstown Lakes District Council [pdf, 303 KB]

   ...Conditions 2 to 6C inclusive do not apply to: (a) aircraft landing or taking off in an emergency or for precautionary safety reasons; (b) emergency flights required to rescue persons from life threatening situations or to transport patients, human organs or medical personnel in medical emergency; (c) aircraft using the aerodrome due to unforeseen circumstances as an essential alternative to landing at their planned destination; (d) flights required to meet the needs of a national...

6. Auckland Standards Committee v Murray [2014] NZLCDT 88 [pdf, 103 KB]

   ...any reason, an unsuitable person to share in the enjoyment of those privileges and in the effective discharge of those responsibilities, he is not a fit and proper person to remain at the Bar. Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. It is not difficult to see in some forms of conduct, or in convictions of some k...

7. [2007] NZEmpC AC 10A/07 Harvey White (formerly X) v Auckland DHB [pdf, 57 KB]

   ...arguable case. On 28 September 2005 Dr White’s counsel put ADHB on notice that in the event that he was successful, he would likely seek solicitor/client costs. Further, on about 11 November 2005, following the evidence before me of ADHB’s human resources manager confirming that the defendant had failed to follow its own policies and procedures and had taken irrelevant matters into consideration in reaching its decision to dismiss, Dr White made an offer of settlement without...

8. 3.0-W-RIS-Family-Court-Associate-FINAL.pdf [pdf, 2.4 MB]

   ...s9(2)(g)(i) Regulatory Impact Statement | 19 In another report on whānau experience on care and protection, timeliness has been identified by Māori as one of the areas for change. 52 Delays give rise to Te Tiriti or Waitangi and Human Rights concerns Treaty of Waitangi/Te Tiriti o Waitangi 29. The Treaty of Waitangi/Te Tiriti o Waitangi (te Tiriti) promised to protect Māori customs and cultural values, and to promote partnership between Māori and the Crown.53 As...

9. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...is the People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the defendant company, but her role is to perform the human resources function for the defendant on a national basis. [6] In C’s affidavit, she sets out the circumstances surrounding the defendant’s delay in filing a statement of defence to the plaintiff’s claim. The plaintiff clearly s...

10. [2019] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 370 KB]

    ...attend mediation with a mediator appointed by the Chief Executive of the Ministry of Business, Innovation and Employment. Mediation took place on 24 July 2014. At its conclusion Dr Sawyer, and Robert Miller, the university’s Acting Director Human Resources, signed a record of settlement pursuant to s 149 of the Act. That settlement agreement recorded the terms on which Dr Sawyer’s employment would end. [11] As is required by s 149, the mediator signed the settlement agreeme...