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1. Family Court Rewrite Submission - Te Putahitanga [pdf, 552 KB]

   ...left young people feeling confused, upset, and sometimes angry. Existing organisational practices and systems do not give priority to listening to children and young people”. (2015, p53) The right to wellbeing is a fundamental and universal human right. How the right to wellbeing is delivered is considered in relation to the availability, accessibility, acceptability and quality of other strategies, services and plans but must also include a Māori perspective and conception of...

2. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...[37] Ms Fechney’s claim of discrimination amounting to bad faith principally relates to the documentation comment. Ms Fechney says the documentation comment was discriminatory. She relies on the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. She says there was no basis for the Authority to make that comment which she says was irrelevant and without basis and therefore unjust and prejudicial. [38] Ms Fechney says that repeating the documentation comment in...

3. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...it, Mr McLennan was a senior member of Spotless’ management, having responsibility for issues of this kind in respect of those of its employees who worked in District Health Board facilities. It is also evident that Mr McLennan was told by a Human Resources (HR) colleague, from whom he took advice from time to time, that resolution to the problems which were occurring needed to be obtained as soon as possible. [11] The meeting duly proceeded. Ms Mackay attended with a support...

4. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...approach may also mitigate the potential impact of this proposal on sentence outcomes. For example, where an offender has spent time on remand and has participated in a rehabilitation programme, their progress may help inform sentencing decisions. Human Rights Implications 42 The Crown Law Office will vet any resulting draft Bill for consistency with the New Zealand Bill of Rights Act 1990 (Bill of Rights). 7 This is based on data from all sentences concluded in 2...

5. Director of Proceedings v Chief Executive, Department of Corrections [2021] NZHRRT 34 [pdf, 567 KB]

   ...DATE OF DECISION: 20 July 2021 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Chief Executive, Department of Corrections [2021] NZHRRT 34. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 34 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 8 June 2021. [2] Prior to the filing of the proceedings the parties r...

6. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...impact on a return to the workplace, was a relevant circumstance. Also relevant, as submitted, were Ms Robinson’s personal circumstances and her cultural needs. [23] The significant resources available to the company (management, financial, human resources and legal) are also relevant to an assessment of the ‘reasonable action’ mix.5 Put in a nutshell, higher standards can generally be expected of the notional fair and reasonable employer who is well resourced and well sup...

7. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...charges arising from events that had occurred in the course of his employment as a police officer. He was discharged under s347 of the Crimes Act 1961 2 years later. Mr Brosnahan then wrote a detailed letter on 7 November 2003 to Russell Gibson, human resources manager, who had taken over from District Commander Lammas, in which he provided the details requested in 2001 and specified the remedies sought including reinstatement. [12] The parties then attended mediation...

8. Alexandra King - Supplementary Statement of Evidence (24 June 2021) [pdf, 783 KB]

   ...generally consistent with the relevant objectives and policies in the poRPS including Policies 1.1.1, 1.1.2, 1.2.1, 2.1.2, 3.1.1, 3.1.3, 3.2.13, 3.2.14, 3.2.15 and 3.2.16. The activity will be limited in duration and have limited effects on natural and human use values. The activity will provide for my economic wellbeing and will enable continued economic benefits to the wider region. Water will be allocated based on historic use and the 6 year duration will enable a transition for managi...

9. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...probable; taking account of corroborative documentary records generated at the time or otherwise before the spectre of litigation arose; and the commonsense that a specialist court can bring to assessing the probabilities of interactions between human beings who are not lawyers or other relevant experts, leading to what was hoped by both to be mutually beneficial employment. [5] I have also taken into account the natural human frailties of attempting to remember, almost a year...

10. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

    ...Sullivan had replied that it was not his decision and that the “boss upstairs” had made the decision. [25] Mr Sullivan denied having made this statement and said that the decision was his, although it is clear that he received assistance from human resources and had kept his senior managers fully informed. Mr Sullivan said that one of the senior managers had wanted the dismissal to be summary, but had accepted Mr Sullivan’s decision to give the plaintiff four weeks’ pay i...