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1. [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...

2. 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...

3. 2022-03-18 Remarkables Park - Legal submissions as to scope [pdf, 1.5 MB]

   ...Comment (summarised by Fish and Game) Aukaha on behalf of: Te Rūnanga o Waihao, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (Ngā Rūnanga) Policy 7.C.12(c) The scope of PC8 is restricted and does not include human sewage discharge rules in 12.A. The wider issue of human sewage discharge will be reconsidered under the plan review. Rule 13.5.1.8A(b) The associated Policy 7.D.9(b)(i) indicates ORC’s long-term objective, which will progressively...

4. [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...

5. 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...

6. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

   ...Although complaints about lawyer conduct are not time-barred, it goes without saying that the longer the delay between event and complaint, the greater the chance that recollections about critical (or even non-critical) facts will diminish. [55] Human memory is not infallible and the passage of time adds to that. [56] This presents a decision-maker with a difficulty, particularly when the parties differ about the conclusions to be drawn from particular events. [57] Helpful evidence fo...

7. Proactive release – Additional name suppression proposals for the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill [pdf, 518 KB]

   ...means disabled victims of sexual I N C O N F I D E N C E 9 I N C O N F I D E N C E violence are more likely to be unwilling or unable to engage in a permanent name suppression order process for an adult convicted of a sexual crime. Human Rights 67 The first proposal could engage the right to not be subjected to disproportionately severe treatment or punishment (section 9) New Zealand Bill of Rights Act 1990. 68 Generally, a proposal like the first one that leaves no dis...

8. LCRO 127/2024 ZU v TC, NE, GQ and Law firm A (13 June 2025) [pdf, 366 KB]

   ...addressing my concerns over the solicitor/client breach of privilege. This is left me feeling extremely distressed, retraumatised by an emotionally triggering time in my life, especially pertaining to family violence, and left me feeling like my human rights are being treated with respect (as per their own terms of engagement) completely shattered. Moreover, the complete lack of human decency is evident in the sequence of events. Firstly, I was charged for their time, leading to the br...

9. Ministerial Advisory Group for Victims of Retail Crime - report on Reform of the Trespass Act [pdf, 183 KB]

   ...well, the Trespass Act is a tool that reduces future offending. Interaction with other legislation 10. The Trespass Act sits alongside other legislation governing the actions of persons providing goods and services. Importantly, section 44 of the Human Rights Act 1993 protects the public against discriminatory use of the provisions of the Trespass Act by retailers (i.e. trespassing someone based on a prohibited ground). 11. The Crimes Act 1961 (“the Crimes Act”) provides bespoke...

10. Evaluation of the Te Hurihanga pilot [pdf, 1.5 MB]

    Te Hurihanga Pilot: Evaluation Report Prepared for the Ministry of Justice by Julie Warren, with Lydia Fraser Centre for Research, Evaluation and Social Assessment (CRESA) October 2009 Te Hurihanga Pilot: Evaluation Report Centre for Research, Evaluation and Social Assessment (CRESA) Ltd 2 Disclaimer This evaluation was commissioned by the Ministry of Justice. The report has been prepared by the authors a