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1. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...members; given that other decision-makers are not concealed, that is not at all surprising. [56] The concept of “faceless” decision-makers in a statutory process of independent review is repugnant to the most fundamental concepts of justice. The Human Rights Committee, established under article 28 of the International Convention on Civil and Political Rights met on 6 November 1997 to consider the case of Rosa Espinoza De Polay v Peru (www.worldcourts.com).3 The case concerned...

2. [2014] NZEmpC 74 NZ Aluminimum Smelters Ltd v Weller Ors [pdf, 111 KB]

   ...When those individual employment contracts took effect, staff were working the 8 hour shift pattern of Roster 1. The way in which the new holidays provisions were operated was explained by Barry Simmonds, who had been in the role of Specialist Human Resources at the plant since 1989. He said that holiday entitlements were recorded in days and that statutory holidays were treated as additional annual holidays. Thus, on the occasion of each statutory holiday, employees were credite...

3. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

   ...entered into, the terms of which are confidential to the parties and have not been disclosed to the Tribunal. The Tribunal understands that a settlement was also reached between Ms A and the defendant, following a complaint made by her to the Human Rights Commission. The terms of that agreement are also confidential to the parties, and have not been disclosed to the Tribunal. Disgraceful conduct [10] Section 73(a)of the Act provides: 73 Misconduct For the purposes of this Ac...

4. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 20 Reference No. HRRT 022/2011 IN THE MATTER OF A CLAIM UNDER THE PRIVACY ACT 1993 BETWEEN MARCUS JAMES STEELE PLAINTIFF AND BOARD OF TRUSTEES OF SALISBURY SCHOOL DEFENDANT AT NELSON BEFORE: Mr RPG Haines QC, Chairperson Ms J Grant MNZM, Member Ms S Ineson QSM, Member REPRESENTATION: Mr Steele in person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 20...

5. Barcello-Gemmell - Gore Blocks XVII and XIX Sec 90B2 (2001) 95 South Island MB 36 (95 SI 36) [pdf, 4.8 MB]

   ...battles and the bones that are their legacy, the woolshed and sheep yards area would not be an appropriate place to build a house. Mrs Barcello said that Kenny Hector had told her that if " .. . at any time you saw a bone, no matter it was a human bone or sheep bone, you had to bury it. Put it back into the ground." In the face of criticisms of the area being used for building materials to be landed and kept during construction of her son's and daughter's houses, Mrs...

6. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...misconduct and, if so, that dismissal might be the outcome. Mr Elisara was overseas on leave at the time the letter was sent to him. [15] A further letter was sent to Mr Elisara on 18 January 2017 by Mr Fearnley, the Acting Group Manager, Human Resources, Allianz Australia. The letter reiterated the seriousness of the concerns which had been raised, recommended that Mr Elisara seek advice and bring a support person and/or representative to the meeting, and advised that once Mr...

7. Proactive release - Proceeds of Crime Fund: the future of the Fund [pdf, 1.2 MB]

   ...of restraining assets are likely to fluctuate each year depending on Police operations however, 40 The agency responsible for administering the fund meets the administrative costs from within baselines. 41 At current levels of activity, 8 9 Human Rights 42 The proposal is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative Implications 43 Legislation will not be required....

8. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...adequately explores the feasible options, and is convincing in its conclusions. The constraints are clearly identified for decision makers. Stakeholder consultation was not possible however an assessment of the likely impact on affected parties is included. Human Rights 35. A complete prohibition could be contrary to section 14 of the New Zealand Bill of Rights Act (BORA) 1990 (freedom of expression). Th s limi ation may be justified as necessary and proportionate, to ensure the policy objec...

9. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...threatened or other species of marine mammal (s3E, MMPA). The Fisheries Act 1996 provides for complementary related regulatory powers. MMPA PMPs can include an “assessment of the degree of risk caused by fishing-related mortality and other human-induced sources of mortality to the species, whether within New Zealand fisheries waters or elsewhere within the range of the species”. WA PMPs can specify, inter alia, the maximum allowable level of fishing-related mortality for the...

10. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

    ...Purposes: Day: Means number of hours an employee normally works each day. … [11] Appendix 2 to the CEA was a document dated 3 May 2013, described as terms of settlement; it took the form of a letter from Mr Luke Southorn, director, human resources, to Mr Ian Gordon, a PSA national organiser. It contained details as to a series of issues which had been agreed at negotiations the previous day. Included was this statement: Leave 19. Retiring Leave Employees...