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1. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...the financial consequences for the defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissio...

2. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...to such an outcome being imposed. This, it submitted, would abrogate the rights of the workers under the clause. [12] Two witnesses gave evidence for Fonterra. The first was Helen Blair who was, at the time of the negotiations for the cea, Human Resources Manager Operations. The second was Brian How who was, at the time of the negotiations, Strategic Projects Manager. Both represented the company in the negotiations. They each gave evidence of their specific understanding of...

3. Guidelines: Family Court counsellors [pdf, 302 KB]

   ...conflicted situations; i) Co-counselling/tandem counselling; and j) Record keeping. Knowledge and understanding: a) Understanding of a systemic approach to working with families; b) A range of appropriate therapeutic interventions; c) Human development, life stages; d) Child development and its relevance to day-to-day care and contact issues; e) Attachment and bonding; f) Grief and loss; g) Effect of family/whānau separation on children and adults; 7 Car...

4. ENVC Hearing 6Oct14 AC rebuttal Stephen Brown [pdf, 164 KB]

   ...paragraph 70 onwards Mr Scott addresses the nature and extent of the “Western Landscape (Land Unit 20)” in the Operative District Plan before stating at paragraph 74 that: “It is reductionist to identify buildings (dwellings), and other human artefacts (wharves, carparks, other minor public service structures and existing moorings even) in this landscape as representing and signifying ‘modification’ that justifies further intensive development”. 8. At paragr...

5. Family Court Rewrite - Summary of submissions - PDF version [pdf, 824 KB]

   ...themselves, it increases the time and cost required for the court to determine matters. There need to be adequately resourced services to assist these parties and children. This has the potential to reduce costs not only fiscally but also in terms of the human cost in the future. Legal professional organisation Many people, particularly social service and whānau support workers, said New Zealanders face a variety of challenges which can affect the...

6. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...and hence less frequently applied. 133 An important point to bear in mind is that the habitat suitability criteria used in hydraulic-habitat models do not necessarily adequately summarise the habitat of fish and invertebrates. Instead, they are human constructs of what we think invertebrates and fish like in respect of habitat. There are many uncertainties in hydraulic-habitat modelling, but the largest uncertainty of 2101895 | 5755861v1 page 38 all is accuracy of the h...

7. RV v IP and RM LCRO 212/2014 (25 July 2016) [pdf, 78 KB]

   ...matters not whether information acquired in the course of the professional relationship may be widely known or a matter of public record; information so acquired is nevertheless confidential. Client confidence has been described as “a fundamental human right”, subject only to the mandatory and permissible categories when disclosure can be made pursuant to rules 8.2 and 8.4.5 [59] It would be difficult to maintain argument that Mr RV did not acquire the information in the course of t...

8. Whiles-Clarry v Standing [2011] NZIACDT 18 (6 July 2011) [pdf, 119 KB]

   ...complaint being upheld without necessarily imposing a sanction, it follows it is not necessary to find a disciplinary sanction should be imposed to uphold a 7 complaint. However, it is important to recognise not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards; but still not justify upholding a disciplinary complaint....

9. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...action was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline th...

10. Vining Realty Group Limited v The Real Estate Agents Authority (CAC 408) [2017] NZREADT 57 [pdf, 209 KB]

    ...to the purchasers. [46] At the time, the salesperson’s manager had had to leave the office to go to a funeral, and her supervisor was out on business. Neither was aware of the pressure (described by the Tribunal as “intense pressure as a human being”) the salesperson was under. The purchasers’ position was, however, resolved by the salesperson and her supervisor by virtue of a suitable rental arrangement. [47] The Tribunal recorded that it had much more information before...