Search Results

1. [2020] NZEnvC 001 Environmental Defence Society v Thames Coromandel District Council [pdf, 2.3 MB]

   ...flora and fauna; and • maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 2. To preserve the natural character of the coastal environment and protect natural features and landscape values through: • recognising the characteristics and qualities that contribute to natural character, natural fea...

2. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...proposals in this paper have no direct or specific implications from a disability perspective. People with neurodisabilities are over-represented in the prisoner population, and the changes proposed are likely to improve outcomes for these people. Human rights implications 68 These changes will promote and safeguard the rights of those coming into contact with the criminal justice system, as affirmed by the Bill of Rights Act and the Human Rights Act 1993. The draft Bill will be vette...

3. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...Ms Turner was properly represented at the meeting of 7 April 2021 and was able to respond to the issues in a way that demonstrated she was not constrained. 3 Ms Turner referred the Court to an article: Rodney Harrison “Employment Law and Human Rights – a Crucial Interface” (paper presented to New Zealand Law Society 10th Employment Law Conference, October 2014) 175. (iii) Ms Turner was not discriminated against on the basis of her religious beliefs, ethical beli...

4. Julian v Accident Compensation Corporation [2024] NZACC 115 (16 July 2024) [pdf, 272 KB]

   ...Accident (1) Accident means any of the following kinds of occurrences: (a) a specific event or a series of events, other than a gradual process, that— (i) involves the application of a force (including gravity), or resistance, external to the human body; or (ii) involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or (iii) involves a twisting movement of the body: [39] Section 26(1) and (2) of the Act provid...

5. Proactive-release-Sentencing_Reinstating-three-strikes_Amendment-Bill.pdf [pdf, 788 KB]

   ...N F I D E N C E I N C O N F I D E N C E 4 same qualifying sentence requirements, manifestly unjust exceptions and guilty plea discount as other non-murder offences. Ensuring the three strikes regime is workable with New Zealand’s human rights framework 15 The reinstated three strikes regime will only apply to offences committed after the commencement date by individuals over the age of 18, as was the case under the previous regime. Strikes from the 2010 regime will no...

6. Director of Proceedings v Brooks [2019] NZHRRT 37 [pdf, 828 KB]

   (1) PERMANENT ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 37 UNDER BETWEEN AND AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms K Anderson, Member Ms W Gilchrist, Member REPRESENTATION: Reference No. HRRT 093/2016 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994 DIRECTOR OF PROCEEDINGS PLAINTIFF WILLIAM ARTHUR BROOKS DEFENDANT Ms V Cas...

7. Applying to be a legal aid provider - Selection Committee guidance [pdf, 423 KB]

   ...members of the Employment Law Institute of New Zealand (ELINZ). ELINZ members are bound by the ELINZ Code of Conduct. Applicants for employment advocate approval also need to demonstrate experience dealing with mediation, dispute resolution and/or human resources issues. The application should include the following information in the Additional information section: • the applicant’s qualifications • a brief employment history, including the applicant’s experience in mediation,...

8. Peake v Accident Compensation Corporation [2024] NZACC 134 (6 August 2024) [pdf, 326 KB]

   ...decision based on the amalgamation of the known methods as above and formulating a reasonable clinical conclusion. One should be cautious if relying on a single method of measurement as there may be intra-observer variability. There are also inherent human errors built into measurement methods that cannot be eliminated. I would also comment that there have been many research conducted in the past that shows conflicting evidence of which method best analyses the leg length discrepanc...

9. [2024] NZEnvC 209 Bettley-Stamef Partnership v Waikato District Council [pdf, 1.1 MB]

   ...efficient use and development of natural and physical resources under s7 of the RMA, to be provided for through a resource consent process. The proposal is in response to the presence of the Waikato Expressway. Addresses a matter that relates to human health or the protection of life and property X The proposal does not directly relate to a human health matter or the protection of life or property. Application of relevant national, regional and district rules...

10. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

    ...availability of a jury trial, which New Zealand moved away from with the enactment of the Criminal Procedure Act 2011. There are some constraints on data Many aspects of a criminal case are particular to that case and can depend on individual human behaviour that influences decisions made during the course of proceedings, such as the decision to elect a jury trial. Similarly, judicial discretion allows for variation in outcome depending on the facts of an individual case, and how an...