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1. Hodgson v Accident Compensation Corporation (Work-Related Personal Injury) [2024] NZACC 40 [pdf, 326 KB]

   ...and tenderness, consistent with a soft tissue (injury) occurring; [58] Mr Vugler refers to s 25 of the Accident Compensation Act defining accident as involving, amongst other things, the application of force of force or resistance external to the human body, or the sudden movement of the body to avoid a force or resistance external to the body. [59] He notes that s 26 defines personal injury as including a strain or sprain. [60] Mr Vugler refers to the decision in Waghorn v ACC1 whe...

2. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...an agreement was to go through a redundancy process. Whether that process would have been justified or not is moot. He chose an agreed exit. [53] I have had the benefit of seeing the internal email exchanges between Mr Glover and the human resources department which were generated as a result of Mr AlKazaz’s lawyer’s discussions with them and/or DeloitteAsparona’s lawyer. It was apparent that Mr AlKazaz’s lawyer raised a number of the concerns that Mr AlKazaz no...

3. Improving-Access-to-Legal-Assistance-for-Low-Income-New-Zealanders-Final.pdf [pdf, 4.3 MB]

   ...people per year will not have to pay the charge. Treaty of Waitangi 61 The proposals to increase eligibility, remove the user charge, and reduce legal aid debt aim to reduce existing barriers to legal aid that were identified during the review. Human rights 62 The New Zealand Bill of Rights Act 1990 affirms the right of a person charged with an offence to consult and instruct a lawyer, 11 and receive free legal assistance if the interests of justice require and the person does not...

4. [2015] NZEmpC 76 Sealord Group Ltd v Pickering [pdf, 192 KB]

   ...contract. Nor was he able to give any rational explanation as to how and why it would have gone missing, had it ever existed. Mr Taylor said that Mr Pickering's employment agreement dated 19 January 2007 had been drawn up by Sealord's Human Resources Department (HR) and he believed that HR would also have drawn up the contract between Mr Pickering and United Fame but no one from HR was called as a witness to support that proposition. I found Mr Taylor's evidence in...

5. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...down. I'm not prepared however at this stage to remove them completely, and when I say that I'm not doing it as any favour to them, I do it as a saving for the people, for the committee of management notwithstanding what has happened are a human resource for the people, it still has a chance to make a contribution. I agree wholeheartedly with Mr Te Rapai that the incorporation is out of control, and I must consider what the best way is to get it back on the rails, and I have decided...

6. Education and Training Bill Advice [pdf, 275 KB]

   ...of the Bill. 33 This provision is on p 83 of the Bill. Section 19 - freedom from discrimination 41. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in the Human Rights Act 1993, including age, sex, religious belief, and national origin. 42. A legislative provision will limit the right to freedom from discrimination if: • the legislation draws a distinction based on one of the prohibited grou...

7. [2008] NZEmpC WC 11/08 McCain Foods (NZ) Ltd v Service and Food Workers Union [pdf, 86 KB]

   ...as the union’s representatives in relation to access. Organisers are in an employment relationship with the union rather than a membership relationship. It is the plaintiff’s case that simply because the union does not have the human resources authorised by its rules to represent it in Hawke’s Bay, it cannot thereby lawfully use others, and in particular members from other workplaces operated by competing employers, to do so. Is a “member organiser” able to...

8. Criminal Procedure Act 2011: caseload performance for first 12 months [pdf, 672 KB]

   ...Category 3 offences 22 Category 4 offences 23 Overview The Criminal Procedure Act 2011 (CPA) came fully into force on 1 July 2013. The CPA is designed to make the criminal court system more efficient while protecting people’s fundamental human rights by:  Reforming and modernising court processes, for example, the streamlined category framework for criminal cases that more closely matches seriousness of offence (category 1, 2, 3 and 4 offences).  Enabling a move a...

9. [2011] NZEmpC 125 Angus v Ports of Auckland Limited [pdf, 160 KB]

   ...given and in reliance upon which the order for interim reinstatement is made. [78] This order will also allow an opportunity to POAL to address any issues about its Tuvaluan workforce with the assistance, if appropriate, of a body such as the Human Rights Commission. It will also allow Mr Angus to address the issues of workplace stress, and to reflect upon these events and how he will relate to his supervisors and colleagues in less pressured circumstances than he has to date. [7...

10. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

    ...with a guarantee set out in section 29 or section 30 only because of— (a) an act or default or omission of, or any representation made by, any person other than the supplier or a servant or agent of the supplier; or (b) a cause independent of human control. [69] There is relatively little jurisprudence on the interpretation and application of section 29. I have relied upon a number of academic journal articles to distill the following principles:3 a) Section 29 imposes s...