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1. BORA Parihaka Reconciliation Bill [pdf, 4.3 MB]

   ...of people at Parihaka. The Crown, empowered by those Acts, at various times suspended the ordinary course of law, breached natural justice, indemnified people for actions taken in excess of legal powers, or deprived the people of Parihaka of basic human rights. Those Acts were- 3 PCO 20592 v 2.10: 27 July 2017: 4:37 p.m. Te Pire Haeata Id Parihaka cl 4 Parihaka Reconciliation Bill (a) the Maori Prisoners' Trials Act 1879 (repealed 1891), which empowered the Governor to set o...

2. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

   ...nor the employee can properly resent the exercise of the Court’s equity and good conscience jurisdiction if they seek to press a technical point; assert, without demonstrating real prejudice, a rigid reliance on the pleadings; take advantage of human error or, generally speaking, endeavour to repudiate an agreement or promise duly acted upon. In such circumstances, the Court has the power, if not the obligation, to seek to achieve justice between the parties according to the equity an...

3. AZ v MX [2015] NZIACDT 75 (22 June 2015) [pdf, 130 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

4. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

   ...of buying out successors to the original owners. The descendants of these successors are the mana whenua most closely connected with the foreshore at Matiatia that is affected by the marina proposal. 12. It is possible that some of the koiwi (human remains) found at various times on Matiatia’s northern beach belong to this whanau of Ngati Paoa. 13. However, the conversion of Ngati Paoa to Christianity in the 1830s led them to adopt more-delineated, English style cemetery plots o...

5. ENVC Hearing 6Oct14 DM local Sue Fitchett [pdf, 94 KB]

   ...activity occurs are more likely to leave the area entirely rather than relocate to man-made nesting boxes. (e) Penguins generally take more than 12 months to settle into new man-made nesting sites. Those sites need to be located away from possible human and animal (particularly dog) interference. (f) For new nesting sites to be successful, Little Blue Penguins first need to be encouraged to breed in nesting boxes by blocking off their existing burrows and placing a nesting b...

6. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

7. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

   ...disclosure and inspection. It says that the plaintiff’s proposed applications for a further disclosure or particular disclosure are “unnecessary or undesirable or both”. [11] The defendant’s opposition is supported by an affidavit of its Human Resources Manager, Marie Park, sworn on 30 June 2015. Ms Park deposes to the plaintiff failing or refusing to comply with earlier disclosure orders made against her by the Court. In particular, the defendant says that the plaintiff...

8. BORA Border Processing (Arrivals and Departures) Levy Bill [pdf, 302 KB]

   ...therefore justified under s 5 of the Bill of Rights Act. Section 19(1) – Right to freedom from discrimination 12. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993. 13. We note that new ss 140AB(a) and 288C(1)(a) allow for a levy order to prescribe different rates of levy, on any differential basis, for different persons or different classes of persons. This has the potentia...

9. BORA Social Worker’s Registration (Mandatory Registration) Amendment Bill [pdf, 314 KB]

   ...freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] The freedom of expression also includes the right to say nothing or the right not to say certain things. [3] 6. Clause 6 of...

10. PD v JL LCRO 26/2015 (22 June 2016) [pdf, 38 KB]

    ...and evidence to the contrary. There is insufficient evidence to confidently say Mr JL’s drafting of Mr PD senior’s will was negligent or incompetent. [23] The errors, such as they were, were minor and made on only one occasion. Lawyers are human. They can make mistakes. The errors were not to such a degree as to reflect on Mr JL’s fitness to practice as a barrister or solicitor. While the preference is that lawyers do not err, there would have to be more serious or repeated...