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1. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 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. [50] In Johnston,2 France J stated: [11] It is c...

2. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...for a benefit to be exempt from expiry, and allow a benefit to be regranted. [11.11] The Chief Executive in administering DES must make decisions that are consistent with the general objects and intentions of the Act and consistent with the Human Rights Act 1993, the Privacy Act 2020 and the New Zealand Bill of Rights Act 1990. [11.12] As evidence of this the Ministry extended her DES on several occasions outside of the guidelines. [12] For the meaning of exceptional circums...

3. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...agents Agencies, Departments. I now subject without Prejudice to the Ministry of Justice Tribunals Unit Social Security Appeal Authority Att: The Secretary Oppose: • The process/processes of the MSD & Investigation Unit • Human Rights Declined, under NZ Bill of Rights Act 1990 – section 3. • Breach of Privacy Rights under 1993, Part 8, complaints section 66, 67, 68. • Ombudsman Office, failed to follow up my complaint of whanau wai number 2861. • Soci...

4. [2023] NZEnvC 135 Te Whakakitenga o Waikato Incorporated v Waikato District Council [pdf, 1.3 MB]

   ...the Waikato-Tainui community. PREC12-P3 Retail. Provide for small-scale retail activities. Rules Advice note: Additional consent may be required for subdivision and change of use where contaminated soil is reasonably likely to harm human health, under the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011. For the purpose of the Maaori Land chapter, the land within the HOPZ – Hop...

5. Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8 [pdf, 923 KB]

   ...Heard on the papers DATE OF DECISION: 25 February 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Oceania Care Company Ltd [2022] NZHRRT 8. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 8 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 15 November 2021. [2] Prior to the filing of the proceedings the p...

6. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...over 30 years, and did not reflect a series of such events; there was no matter arising which resulted in a complaint by or loss to the bank concerned; and there was no deliberate or wilful disregard by the practitioner of her obligations, but a human error made by a usually competent member of the profession. [23] It was also submitted that in assessing penalty the Tribunal could take into account mitigating factors such as the practitioner taking immediate steps to put in pla...

7. MC v BL [2013] NZIACDT 8 (28 February 2013) [pdf, 134 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [...

8. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...Auckland City COGS Committee [2008] NZCA 423, [2009] 2 NZLR 56 (CA) at [56]-[57], citing Taunoa v Attorney-General [2007] NZSC 70, [2008] 1 NZLR 449 and Attorney-General v Udompun [2005] 3 NZLR 204 (CA). is no other effective remedy, or where human dignity or personal integrity or the integrity of property are engaged, or where the breach is of such constitutional significance and seriousness that it would shock the public conscience and justify damages being paid out of the...

9. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

   ...alternative positions [15] By late November Mr Slotemaker knew he faced dismissal because his position was to cease to exist and he had not been appointed to a replacement position created by the restructuring. On 2 December 2015 King Salmon’s Human Resources Adviser, Fiona Thomas, sent Mr Slotemaker three draft employment agreements so he could consider alternative positions within the company. Two were for Team Leaders and one was for the Aquaculture Technician vacancy Mr S...

10. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

    ...road, ford or bridge, or network utility operation (as defined in section 166 of the Act); temporary construction dewatering activities; or the maintenance or operation of the Ngaruroro Flood Protection and Drainage Scheme; or the protection of human or animal health; or (iii) minor activities necessary for the management of land administered by the Department of Conservation. 12.4 No resource consent may be granted or rule included in a regional plan that would allow activities...