Search Results

1. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 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. [32] In Johnston,1 France J stated: [11] It is c...

2. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 8.4 MB]

   ...distinct needs of the two are met, but also identify where alignments and collaboration are needed (for example, through primary prevention initiatives focussing on healthy relationships and support for victims of intimate partner sexual violence). Human Rights 44 Reducing family violence and sexual violence assists the Government to meet its human rights obligations including the Convention on the Elimination of Discrimination Against Women (CEDAW), Convention on the Rights of the Ch...

3. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Shadforth said the complaint, and the outcome had caused her significant personal difficulty. [6.7] She concluded her submission by contending that the Tribunal has attributed to her the personal characteristics of persons who committed crimes against humanity during the Holocaust, and said it was particularly distressing as her family were victims of the Holocaust. Ms Shadforth Rejected the opportunity to Attend an Oral Hearing [7] The Tribunal’s interim decision, for the reasons e...

4. Cabinet proposal to establish a supervision regime for offenders deported to New Zealand [pdf, 204 KB]

   ...breach of conditions 1.8 3.9 4.2 3.4 2.5 15.8 Legal aid for breach of conditions 34.1 80.5 83.6 68.2 49.6 316 Imprisonment for breach of conditions 33.0 66.1 77.1 55.1 44 275.3 Total 901.2 1,748.9 1,848.4 1,542.7 1,195.9 7,237.1 9 Human rights 50. The proposals raise issues with the New Zealand Bill of Rights Act 1990, in particular section 26(2) which affirms that no one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or pu...

5. [2023] NZIACDT 25 – ED v Dai - Sanctions (25 September 2023) [pdf, 136 KB]

   ...implausible. Mr Dai’s continuing excuses and shifting of blame to everyone except himself must lead to the maximum allowed penalties. [21] Mr Dai’s unlawful and unlicensed advice resulted in significant financial losses for them, as well as the human toll of enormous stress and anxiety. The complainant and her husband seek $21,633 in compensation: Service fee $6,900 Application fees $600 Tour fee $798 Tuition fees $4,760 Student insurance $175 Medical fees fo...

6. General Standards Committee 2 v Baker and Yoon [2019] NZLCDT 1 [pdf, 191 KB]

   ...trust account supervisor he had failed woefully in his obligations. [35] More serious, however, is the submitting of false certificates to the NZLS in the knowledge of the misuse of funds by Mr Baker. [36] While the Tribunal can appreciate the human response and loyalty displayed by Mr Yoon to his colleague and mentor, Mr Baker, that is no excuse for what was a gross breach of his professional obligations. [37] Mr Yoon needs to understand that as a member of a professional body wi...

7. Waller v Accident Compensation Corporation (Suspension of Entitlement) [2022] NZACC 235 [pdf, 272 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. [23] Section 65 of the Act provides: (1) If the C...

8. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...2021, the Rūnanga had advised Mr Taniwha he would need to be vaccinated as a result of the promulgation of the Order. [9] Detailed reference was made to a conversation which took place on 10 November 2021 between Mr Taniwha and the Rūnanga’s human resources manager, Mr Tamaki, for which the Authority had a transcript. In summary, the Authority recorded that Mr Taniwha had been told the Rūnanga considered that relevant staff needed to be vaccinated by 15 November 2021 or have r...

9. Proactive release of Cabinet papers and minutes relating to supporting the delivery of the 2020 election due to the change of election date and COVID-19 [pdf, 2.1 MB]

   ...General Election. A waiver of the 28-day rule is sought. Compliance 9. The Order complies with the following:  the principles of the Treaty of Waitangi;  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993;  the principles and guidelines set out in the Privacy Act 1993;  relevant international standards and obligations; and  the Legislation Guidelines (2018 edition), which are maintained by the Legislation Design and...

10. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [pdf, 195 KB]

    ...adviser of the details of the complaint and invited his explanation. 8 Adviser’s explanation to Authority [42] On 31 January 2018, the adviser responded to the complaint. He denied all the allegations. He accepted having made a simple human error in not noticing the provision in the employment agreement allowing part-time employment, but stated that the omission did not meet the threshold for the tort of negligence. It would not have made any difference to the outcome of...