Search Results

1. [2022] NZEnvC 044 Te Runanga o Kaikoura v Marlborough District Council [pdf, 368 KB]

   ...effects on any urupā, including associated cultural values, not listed in Schedule 3 of Appendix 13 should be avoided by applying best practice to ascertain whether an urupā may be present on an application site. Urupā contain kōiwi which are human remains. Not all known urupā will be listed in the Plan, either because the process has not yet occurred or because iwi choose to remain silent about those sites. In addition, while knowledge of the location of urupā is held within an...

2. [2022] NZACC 80 – Jamieson v ACC (6 May 2022) [pdf, 215 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. [39] In Johnston,1 France J stated: [11] It is...

3. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

   ...request. Ms Cook was facing the prospect that her sentence of home detention would be changed to a sentence of imprisonment. It was in this context that 1 [This decision is to be cited as Cook v Department of Corrections [2023] NZHRRT 21]. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 21 I TE TARAIPIUNARA MANA TANGATA 2 Ms Cook’s IPP6 request was sent to the Department on 16 June 2019 (via her lawyer, Mr Tennet). [3] It is common ground between the parties that...

4. Needham v Accident Compensation Corporation (Binding effect of review decision) [2023] NZACC 146 [pdf, 271 KB]

   ...them did not know what had happened or the seriousness of the injury. [36] She told the Court of being labelled as a “malingerer” on one occasion. [37] She says that at aged 82, she is “in pain up to my head”. [38] She said that her human rights had been breached and that her heart is in atrial fibrillation. [39] She spoke of her family having to disrupt their lives to look after her and her husband. [40] As to the functional capacity evaluation with Rebecca Wilson,...

5. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

   ...otherwise appears not permitted).8 Consistency with the Bill of Rights Act Section 19 – Freedom from Discrimination 13. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in the Human Rights Act 1993. Disability is a prohibited ground of discrimination, and is exhaustively defined as: a. Physical disability or impairment; b. Physical illness; c. Psychiatric illness; d. Intellectual or psychological disabilit...

6. CAC 20003 v Fourie [2014]NZREADT 71 [pdf, 63 KB]

   ...the situation as we have outlined it above, we feel able to deal with this matter by way of suspension of licence rather than revocation. Frankly, the licence should be suspended for quite some time but we are conscious of the massive financial and human impact of a suspension on the defendant licensee. It could be said that he has shown some gall in purchasing a farmlet at this stage and thereby tying-up $60,000 of financial capital which, apparently, is all he possesses. [56] Howeve...

7. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...it from Mr Dunn’s response that he was firmly opposed to any such move and that what he was seeking was an exit package from the WDHB. Because of its potential relevance to rehabilitation, Dr Kenny reported this conversation to the manager of Human Resources, Mr Nugent. Mr Nugent wrote to Mr Dunn on 19 August 2008 asking for confirmation as to whether he was interested in a return to the WDHB in his current, or another role. A reply was requested by 5 September 2008. Mr Dunn a...

8. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

   ...development institutions and law 10 Justice system Legal aid, barriers to accessing courts, colonial justice system, Supreme Court/Privy Council; criminal justice system; Maori land law, succession, court procedure and costs 11 Citizenship rights and Human rights, racial discrimination equality 9

9. [2009] NZEmpC CC 3/09 A Farmer v A Worker [pdf, 55 KB]

   ...not only as an employer but also as a father. In his submissions, Mr Slevin urged me to separate those roles in my analysis but, in my view, it is impracticable and unrealistic to do so. The farmer could not do so in fact and, having regard to human nature, could not be reasonably expected to do so. That is because the allegations made by the boy were not only of serious criminal offending but also inevitably had a powerful emotional impact on the farmer. This is a factor likely t...

10. [2006] NZEmpC WC 12/06 AFFCO NZ Ltd v NZ Meat Workers & Related Trades Union Inc [pdf, 65 KB]

    ...1 Horn (Labour Inspector) v Greenlea Premier Meats Ltd unreported, Shaw J, 7 May 2002, AC 25/02 4 would never get their indicative rates. Union officials raised this issue with him in March 2004. [17] Mr Cox, human resources manager for AFFCO, said that there was a very long established custom and practice for lamb cutters to be paid by the piece rate system which was always an all inclusive rate and quite separate from other distinct operations at I