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  1. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 155 [pdf, 193 KB]

    ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific 6 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. [26] In Johnston,1 France J stated: [11] It...

  2. ORC - Kerstin Strauss - Evidence in Reply - 11 March 2022 [pdf, 171 KB]

    ...50 to 56 of her evidence in reply. 21 I note that requiring two earthworks consents for a project is not that dissimilar to requiring consents under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) and the regional plan for contaminated sites, or generally requiring a number of different resource consents, permits, and approvals as part of many building projects. For instance, as part of subdivision projects multip...

  3. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

    ...not meet the required standard…, [DF Ltd] is not responsible for that if it was outside of its control. The [CGA] provides that [DF Ltd] is not responsible for any redress where a service is not fit for purpose because of a cause independent of human control.” 19. What DF Ltd is referring to is section 33 of the CGA which says (in part) that the consumer cannot make a claim for breach of the fitness for purpose guarantee where that guarantee was breached for reasons beyond the con...

  4. Lawyers-and-Conveyancers-Act-Lawyers_Kings-Counsel-Amendment-Regulations-2024.pdf [pdf, 521 KB]

    ...Amendment Regulations are submitted to the Executive Council. Compliance 14 The regulations comply with: 14.1 the principles of the Treaty of Waitangi; 14.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 14.3 the principles and guidelines set out in the Privacy Act 2020 (the amendments do not raise any privacy issues); 14.4 relevant international standards and obligations; and 14.5 the Legislation Guidelines (2021...

  5. KC v DG [2023] NZDT 108 (22 March 2023) [pdf, 241 KB]

    ...those approaches. KC clearly considered it had not had an opportunity to do that. 31. In addition, DG accepted that KC contacted him sometime before 12 August 2022 to suggest trying to contact [redacted] (the company handling DG’s employer’s human resource matters). DG begrudgingly agreed to do so, although he considered that the tone in KC’s voice was less than optimistic. 32. However, it cannot be a lack of reasonable care and skill to attempt a resolution through all poss...

  6. Privacy-Amendment-Bill-2023-Approval-for-introduction_FINAL.pdf [pdf, 606 KB]

    ...impacts on businesses, individuals, and not for profit entities. Compliance 24 The Bill complies with: 24.1 the principles of the Treaty of Waitangi; 24.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 24.3 the disclosure statement requirements (a disclosure statement prepared by the Ministry of Justice is attached); 24.4 the principles and guidelines set out in the Privacy Act 2020; 24.5 relevant international s...

  7. Statutes-Amendment-Bill_FINAL.pdf [pdf, 1.4 MB]

    ...the Treaty Provisions Officials Group on any Treaty ofWaitangi provisions (not applicable as there are no Treaty Provisions in this Bill requiring advice); 9.3 the lights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 9.4 the piinciples and guidelines set out in the Privacy Act; 9.5 relevant international standai·ds and obligations; and 9.6 the Legislation Guidelines (2021 edition), which ai·e maintained by the Legislation Design a...

  8. Deaths that must be reported to the coroner

    ...who was relatively well, (that is, had no underlying health conditions that increased their risk of dying), and was expected to survive a procedure, died during, or because of, a medical procedure or anaesthetic  a person’s death was due to human error(s) or equipment malfunction during the medical procedure or treatment (for example, the deceased was given an incorrect dosage of a drug) the person’s death appears to be the result of a medical procedure that was performed by an unr...

  9. [2025] NZEmpC185 Lanigan v Fonterra Brands (NZ) Ltd [pdf, 201 KB]

    ...requested and there has been no satisfactory answer from the union. It further relied on reg 52(1) and directions issued by Judge King in a minute dated 17 December 2024. [13] The application was supported by an affidavit from Fonterra’s Senior Human Resources Business Partner. [14] While E tū did not object to the notice it opposed Fonterra’s application. The union gave four grounds to resist the orders being sought. The first ground was a description of what the unio...

  10. [2019] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 16 MB]

    ...there are too many nutrients the organisms can form nuisance blooms that affect instream values such as biodiversity aesthetics , swimming and angling, irrigation takes and water quality. Some cyanobacteria produce toxins that pose a health risk to humans and animal. These include Phormidium and Oscil/atoria which have been recorded from the Lindis River. [44] Dr Olsen said that monitoring carried out in the Lindis River in 2014-15 indicates that the periphyton community at Lindis P...