Search Results

1. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake an investigation of the sit-in incident with the support of MSD’s human resources. Usually it would be the Residence Manager (in this case Mr Kuiti) who would conduct the disciplinary investigation, but as he was involved, it was not appropriate for him to do so. Mrs Waitoa was represented by the...

2. [2022] NZACC 78 – Hookway v ACC (5 May 2022) [pdf, 216 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. [43] In Johnston,1 France J stated: [11] It is...

3. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   ...councils. It is not a planning authority, and does not have a policing role. “Sustainable management” [7] Very broadly, the approach of the RMA is to provide for a balance between environmental protection on the one hand, and development and human use of land, air, water and soil, on the other. [8] The “environment” includes things natural, physical, and people, and includes: (a) Eco-systems and their constituent parts, including people and communities; and (b) Al...

4. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...lakes wetlands are in a land environment within which less than 10% indigenous vegetation cover remains). • National Priority 2: To protect indigenous vegetation associated with sand dunes and wetland; ecosystems that have become uncommon due to human activity. (The Tomarata dune lake and wetland systems are in that category, as less than 10% of wetland habitat remains). • National Priority 3: To protect the habitats of threatened and at risk indigenous species. (Lake Tomarata...

5. [2017] NZEnvC 154 W Hansen Haupouri Partnership v Hastings District Council [pdf, 992 KB]

   ...that. It can be accepted that the coastal flats, including the Disputed Area is, potentially at least, a site of considerable archaeological interest. As knowledge of it increases, we understand that it is being regarded as containing evidence of human habitation in the timeframe of that of the Wairau Bar. According to Ms Craig's evidence, the HNZPT '" maintains that the cultural, historical and archaeological heritage values present at Ocean Beach are greater than th...

6. [2022] NZACC 107 - Carmichael v ACC (7 June 2022) [pdf, 225 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. [28] Section 103(2) provides: The question the C...

7. [2007] NZEmpC CC 12/07 NZ Amalgamated Engineering Printing and Manufacturing Union v Air Nelson Ltd [pdf, 79 KB]

   ...“make the necessary arrangements to ensure the continuation of cargo out of Nelson” is arguably evidence of employment or engagement of Air NZ to perform the work of the striking employees. Air NZ could, of course, only perform that work through human agents and the evidence points to its assignment of various managerial personnel from other parts of the country to undertake that work and, although remaining employed by Air NZ, to nevertheless perform the work of the striking e...

8. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

   Communication Assistance Quality Framework July 2021 2 Foreword Te Tiriti o Waitangi sets out the right of equality before the law. This right is also protected under the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993, and it is recognised in United Nations Conventions for the rights of the child and the rights of people with disabilities. To enable fair access to justice, and honour our responsibilities to Māori, we recognise that some participants in our jus...

9. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

   ...all reasonable steps to avoid committing the offence, or • the act or omission constituting the offence took place in circumstances of an adverse event or emergency, and was necessary for the preservation, protection, or maintenance of animal or human life or for animal welfare purposes. Is the limit on the right to be presumed innocent justified? 47. Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if...

10. [2024] NZEnvC 015 Caseley v Hastings District Council [pdf, 787 KB]

    ...Hastings District Council (or nominee), prior to the placement of any fill material on the site. Note: imported ‘clean fill’ will also need to comply with the relevant standards in the NES for Assessing and Managing Contaminants in Soils to Protect Human Health. 26. No more than 100m3 of cleanfill per annum may be removed from the site as part of construction works. Landscape planting and revegetation 27. Prior to construction of the Screen Production Studios access road from...