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1. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...their concerns about her work performance and suitability for the job. Although believing themselves not required to give any explanation and wishing to stick strictly to the script that they had been advised to follow, it was a natural human reaction to try to give an answer, as I am satisfied Mr King did, in a situation that was mutually unusual and stressful. [28] The only reason that Mr Kearns and/or Ms King gave to Ms Smith for her summary dismissal was that she was...

2. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

   ...of Rilee. [73] It is unquestionable that Rilee was the developer. However, it is necessary to make a finding as to whether Mr Savill remained a co-developer after the incorporation of Rilee. In other words, whether his actions as the „human face‟ of Rilee were actually the actions of a developer per se. This is important as a developer has a Page | 22 non delegable duty of care.9 A director who is not a developer may still be liable but their negligence must ar...

3. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

   ...of the First Amended Statement of Claim dated 3 August 2012 that the defendant’s decision-maker was biased because of “her” involvement in the transfer progress. The reference to “her” is a reference to Marie Park, the defendant’s human resources manager and the defendant has consistently maintained the position that Ms Park was, indeed the decision–maker in relation to the decision to dismiss the plaintiff. [11] The starting point for a consideration of both...

4. [2021] NZEnvC 001 Minister of Conservation v Northland Regional Council [pdf, 3.8 MB]

   ...in Northland. [65] Overall, we conclude that the most significant risk to aquatic flora and fauna is low flow periods, particularly during the drought periods experienced on a relatively frequent basis. This is also the time of peak demand for human use of water including for household, stock and rootstock. [66] In relation to Water Harvesting the high variability in flow gives more confidence that, provided appropriate flow variability is maintained, the other objectives of the Pla...

5. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...compensation for wrongly convicted individuals. This process has worked in the past and I propose that it continues. Legislative Implications 72. There are no legislative implications. Impact Analysis 73. The impact analysis requirements do not apply. Human Rights 74. The proposals appear to be consistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Implications for Māori 75. I recognise that Māori experience d...

6. Director of Proceedings v Taranaki District Health Board [2021] NZHRRT 49 [pdf, 613 KB]

   ...papers DATE OF DECISION: 1 November 2021 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Taranaki District Health Board [2021] NZHRRT 49. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 49 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 31 March 2021. [2] Prior to the filing of the proceedings the parties...

7. Directory of Official Information 2019 M-O [pdf, 513 KB]

   ...Vice-Chancellor. The Senior Leadership Team comprises the Vice Chancellor (chair)l; the Pro Vice- Chancellor’s (who provide academic and administrative leadership of each of the University’s five academic colleges – Business, Creative Arts, Health, Humanities & Social Sciences, and Sciences); and Deputy Vice-Chancellor’s, whose portfolios provide core corporate functions to all operating units across the University 17 The Academic Board has established a sub-committee...

8. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...apply to an employment agreement between the Chief of Defence Force and a person in Ms Radford’s situation. [6] In evaluating whether the matter should be removed to the Court, the Authority received evidence from the Divisional Manager for Human Resources for the Ministry of Foreign Affairs and Trade (MFAT), as well as from the parties. 1 Chief of New Zealand Defence Force v Radford [2018] NZERA Wellington 106 (Member Campbell) at [20]. [7] Subsequently, MFAT appli...

9. Proactive-release-Better-Outcomes-for-Victims-Work-Programme_FINAL.pdf [pdf, 1.7 MB]

   ...inequities in current victims’ services and systems for Māori. As a first step, work is underway to identify the best ways of achieving this through the governance arrangements for the victims work programme and the supporting working groups. Human Rights 94 Providing better outcomes for victims will enhance human rights and is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. 95 The proposed legislative change to enable the Court to restrain a...

10. Sale-and-Supply-of-Alcohol-Community-Participation-Amendment-Bill.FINAL.pdf [pdf, 3.3 MB]

    ...breastfeeding people (and their children); and rangatahi. Further information about the alcohol harms experienced by these groups is set out in the paper Reforms to the Sale and Supply of Alcohol Act 2012 considered by Cabinet on 19 October 2022. Human Rights 51 The proposals in this paper preserve the right for parties to be heard and for DLCs to ask questions of parties during hearings. As such, we consider that the proposals do not limit any rights of freedoms provided in the Ne...