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1. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...specialist-trained personnel were available to respond, and in the same situation where they were not. That in itself appeared to suggest the assessment was inadequate. Finally, the assessment did not address factors which needed to be addressed such as human factors, risks caused by shift work, interruption to circadian rhythms, and the actual environment, including that the port has suffered some earthquake damage. [44] These concerns were echoed by evidence filed by individ...

2. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

   ...we raised our concerns with the practitioner’s counsel. [25] Mr Eaton’s response was that we should see the practitioner’s conduct in not making the disclosure to the hearing in 2005 as understandable and typical of ordinary frailties of human behaviour and that therefore we should not put too much weight on this against the practitioner. [26] We do understand the motivations that would have caused the practitioner to continue to conceal the fact that he had stolen clients’...

3. Family Court Rewrite - Summary of submissions - Word version [docx, 3.1 MB]

   ...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 their ability to...

4. Legal Complaints Review Officer v Morrison [2018] NZLCDT 27 [pdf, 422 KB]

   ...conclusion that the respondent’s admitted conduct is raised to the level of misconduct. They are: (a) That the removal of page 13 from Version 1 containing the signature of AB and its insertion into Version 3 required a manual and deliberate human act; (b) The respondent was the only person along with his secretary working on the documents; (c) The realignment of Version 3 to accommodate the signature page from Version 1 was a manual act; (d) Removal of the word “child”...

5. Kapiti-Coast-District-Council-Cover-Letter-Form-7a-and-Form-18-20221101.pdf [pdf, 446 KB]

   ...construction. These approvals may include resource consents determined relevant at the time of construction, such as consents for soil disturbance under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health. The following consultation has been undertaken with parties that are likely to be affected: Consultation has been undertaken with iwi, landowners, the community and key stakeholders including as part of the assessment of alterna...

6. Evidence Brief: Three strikes law [pdf, 437 KB]

   ...The effect of imprisonment rates over time. Journal of Qualitative Criminology, 29, 369-397. doi: https://doi.org/10.1007/s10940-012-9182-x Helland, E. & Taborrok, A. (2007). Does Three Strikes deter? A Non-parametric Estimation. Journal of Human Resource, 42, 303- 330. doi: https://doi.org/10.3368/jhr.XLII.2.309 Kelly, J., & Datta, A. (2009). Does three strikes really deter? A statistical analysis of its impact on crime rate in California. College Teaching Methods & Style...

7. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...times— their dealings with each other never lacked a certain grandeur. It is of course a flawed record ; but the world has no better record and can ill afford to lose this one. In return, the theory and practice of the modern international law of human rights can reinforce our resolution to do whatever may be needed to reduce, and finally to eliminate margins of disadvantage suffered by the Maori . . . people in health, in education and in professional and other attainments. In richnes...

8. Evaluation of Defendant-centred Courtroom pilot [pdf, 1.3 MB]

   ...key informants stressing the importance of individual attributes in engaging, they also commented on certain aspects of the DCC which they thought had the potential to enable defendants to engage. Several key informants described the DCC as ‘more humane’ approach or a ‘humanization of proceedings’ which made it more personal to the defendant. These key informants thought that this might facilitate better engagement for some defendants. This view is reinforced by the comments from...

9. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

   ...profit; he is not allowed to put himself in a position where his interest and duty conflict. It does not appear to me that this rule is, as has been said, founded upon principles of morality. I regard it rather as based on the consideration that human nature being what it is, there is danger, in such circumstances, of the person holding a fiduciary position being swayed by interest rather than duty, and thus prejudicing those whom he was bound to protect. It has, therefore, been dee...

10. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

    ...relation to whether or not work visas are issued. It must simply deal with the fact that Immigration New Zealand has not granted work visas. The appellants are in a situation where they have no income, and no ability to provide for their most basic human needs. They have been fortunate to receive some charitable support. [10] In some cases, it is necessary to consider whether a person is a genuine refugee claimant. The Immigration Act 2009 contains some powers to reject ill-found...