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1. [2022] NZACC 112-Dixon v Accident Compensation Corporation (14 June 2022) [pdf, 263 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [30] Section 117(1) of the Act provides: The Cor...

2. Proactive release – Amendments to the District Court Rules 2014, High Court Rules 2016, Court of Appeal (Civil) Rules 2005, Court of Appeal (Criminal) Rules 2001, Supreme Court Rules 2004, and Criminal Procedure Rules 2012 [pdf, 1.7 MB]

   ...statutory commencement date. Compliance 18. The regulatory changes comply with each of the following: 18.1. the principles of the Treaty of Waitangi; 18.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 18.3. the principles and guidelines set out in the Privacy Act 2020; 18.4. relevant international standards and obligations; and 18.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislat...

3. Building a return on investment capability in the Justice sector [pdf, 652 KB]

   ...to note that ROI estimates will also be accompanied by an unavoidable degree of uncertainty. No ROI model will ever provide an automatic model proving that one investment is better than another – ROI estimation always needs to be supplemented by human judgement, including of broader considerations. 77. This paper has focused on the conceptual framework for considering ROI, but there are also important operational considerations. Most importantly, developing robust ROI estimates would...

4. [2024] NZEmpC 109 LDJ v EZC [pdf, 249 KB]

   ...they raised a personal grievance and sought three months’ lost wages. After negotiation, they were offered and accepted a sum of $20,000 in settlement of their claims. The settlement agreement was signed by the applicant and the respondent’s human resources director, but was not certified by an MBIE-employed mediator under s 149 of the Act. [4] The applicant’s position is that when they signed the settlement agreement, they did not have the requisite mental capacity to do...

5. [2018] NZSSAA 44 (14 September 2018) [pdf, 261 KB]

   ...benefit in his or her own right and the purpose of the qualifying words in s 72(a). [34] We are not aware of any authority on the application of the one benefit principle. The only jurisdiction in which this principle has been discussed is the Human Rights Review Tribunal (HRRT) in Heads v Attorney-General.4 In Heads, the HRRT considered a provision in the Accident Compensation Act 2001 (ACC Act) that weekly compensation payable for five years to a surviving spouse is limited t...

6. Auckland Standards Committee v Davidson [2012] NZLCDT 28 [pdf, 119 KB]

   ...relationship of intimate collaboration with the judges, as well as with his fellow-members of the Bar, in the high task of endeavouring to make successful the service of the law to the community ... Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. It is not difficult to see in some forms of conduct, or in convictions of s...

7. Recommendations recap - issue 11 [pdf, 1.2 MB]

   ...hiking deaths, coroners most commonly direct their recommendations to the Department of Conservation (DOC), MSC, New Zealand Alpine Club and Federated Mountain Clubs of New Zealand. Themes in coronial recommendations and comments on hiking deaths Human error Human error is often a feature of deaths while hiking, particularly in circumstances where weather changes rapidly. While this can never be eliminated entirely, coroners have made recommendations to reduce the likelihood of h...

8. [2021] NZEnvC 108 Manukorihi Tarau on behalf of Ngai Taiwhakaea v Whakatane District Council [pdf, 1.1 MB]

   ...recourse to the courts for the determination of rights is not to be excluded except by clear words.6 There is no challenge in this case to the general exclusionary effect that s 120(1A) of the Act had at the relevant time, but the limitless variety of human activity and of ways of describing it requires some care to be taken in applying the statutory words to the facts of the case. As counsel for the appellants submits, a cautious approach should be taken to the determination of a j...

9. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...crops, pasture, and forestry, and generates much of our electricity. 15. Freshwater is a taonga for Māori. Tribal identity is linked to freshwater, with each water body having its own mauri. For Māori, great care must be taken in managing human impacts on freshwater. To honour the mana of water requires practices and policies that first acknowledge the needs of a body of water or waterway. 16. Despite the essential role water plays in our lives freshwater health is declining.3...

10. [2007] NZEmpC AC 3/07 McGreal v Television New Zealand Ltd [pdf, 59 KB]

    ...Network Services Limited. 13 June 2003 Paul McGreal, trading as Grael Sound, provides services as a sound recorder/engineer plus equipment to Television New Zealand. 9 February 2004 Paul McGreal has a discussion with Craig Morris (formerly a Human Resources Manager at Television New Zealand). April 2003 – March 2005 Grael Sound provides services as a sound recorder/engineer plus equipment to Television New Zealand. During the same period, Grael Sound also prov...