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1. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...the provisions in the Bill do not appear to be inconsistent with the rights and freedoms contained in the Bill of Rights Act. Ivan Kwok Acting Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Advisor Bill of Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697, 729, 826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 3 A Butler and P Bulter, The New Zealand Bill of Rights Act: A Commentary (2005) at para. 13.7.38. 4 I...

2. Holmqvist v Real Estate Agents Authority (CAC 403) & Coma [2017] NZREADT 15 [pdf, 229 KB]

   ...Incorrect quote for marketing [19] The appellants referred the Tribunal to the second respondent’s response to their complaint, in which he said: I acknowledge there was a mistake on one of the multiple amount of my marketing plan. It was human error and, as soon as the clients showed that they were not agreeable to pay, I did take responsibility for the mistake and the shortfall. … the complainants do not take into account that I provided, at no costs for them: one free ¼...

3. [2022] NZACC 129 – McInnes v ACC (4 July 2022) [pdf, 305 KB]

   ...erythrocytes in the capillary blood would have impaired flow, leading to a lack of tissue oxygenation particularly when ACR 132/20 exercising. This would account for the high pulse rate and slow recovery after exercise demonstrated at the human performance centre. [82] It was unsurprisingly therefore that the appellant suggested that his hypertension/cardiac problem were related to his 1984-1985 claim. [83] The appellant presents as a person who has done his utmost to get bey...

4. [2013] NZEmpC 71 Gilbert v Transfield Services (New Zealand) Ltd [pdf, 362 KB]

   ...concluded at [49]: There is simply no evidence put before the Authority that this [discrimination by conduct which had the effect of treating a person or group of persons differently in a situation where such treatment could be unlawful under the Human Rights Act 1993] was the case and that Mr Gilbert’s union affiliations weighed in the balance at all when it came to a decision regarding his retention. [14] Other important parts of Mr Gilbert’s claim were disposed of with si...

5. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 1 - June 2016 [pdf, 254 KB]

   ...Zealand (AML/CFT supervisors), New Zealand Police, the New Zealand Customs Service, the Ministry of Foreign Affairs and Trade and The Treasury have been consulted on this proposal. The Department of the Prime Minister and Cabinet has been informed. Human Rights 60. The reforms are not expected to raise issues with the issues with the New Zealand Bill of Rights Act 1990. Legislative Implications 61. A Bill will be required to implement the reforms. Currently, the Legislation progr...

6. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...bargaining rounds; (b) Searched through Alliance’s electronic files in relation to the relevant bargaining rounds; (c) Had Alliance’s IT search across Alliance’s systems for search terms “Maria” and “Kleef” including searching across Human Resources documents, the Chief Executive Officer’s documents, and the wider electronic system; (d) Reviewed documents disclosed during the Employment Relations Authority investigation meeting, including those in the bundle of...

7. ENVC Hearing 6Oct14 DM expert Steve White [pdf, 135 KB]

   ...communities and species that develop within that habitat type. Overall, the loss of some 1.5% of the subtidal soft sediment habitat within Matiatia Bay may not be considered significant, but incremental loss of small portions of habitat through human development will eventually result in significant adverse effects. UNDERWATER NOISE AND VIBRATION 27. Underwater noise and vibration is a transient effect that can be minimised but not eliminated. Marine organisms tend to be par...

8. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...submissions opposed the Council’s application based on his assertion that areas of the block are wāhi tapu and the Court should therefore give consideration to the possibility that the roadway and, therefore, the proposed easement runs over human remains. Mr Hautapu argued that 50 Tairawhiti MB 206 the Court should balance the granting of the easement against the customary law associated with Tatarahake No 1, and submitted that the Council should investigate whether ther...

9. Russell v CAC 10057 & Hoen [2012] NZREADT 17 [pdf, 123 KB]

   ...When we stand back and consider all the evidence objectively, we consider that Ms Hoen cannot be criticised in any substantive way and seems to have marketed the property in a competent manner. [41] The advertising confusion was simply due to a human administration error which Ms Hoen did her best to remedy in a fair manner. 9 [42] We appreciate that Mr and Mrs Russell found themselves under emotional stress at the point on 30 June 2010 when they agreed to sell their Kar...

10. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

    ...applicable) exercising the resource consent. Failure to comply with the conditions may result in prosecution, the penalties for which are outlined in Section 339 of the Resource Management Act 1991 . 5. The consent holder shall ensure that, should any human remains or archaeological items be exposed while undertaking works to give effect to cond itions of this consent, works in that area will cease immediately. The Police, Heritage New Zealand, and Kaumatua representing the local Tangata...