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1. 2017 NZSSAA 072 (18 December 2017) [pdf, 178 KB]

   ...was registered in the Ministry’s system and requested that her timesheets be provided. We also have a copy of an email headed “apology letter” from a Ministry official saying that the Ministry’s response to the appellant involved “a human error made by an individual” and acknowledged that the appellant was “provided with incorrect information” and that “at times mistakes are made”. [14] The apology letter itself dated 30 May 2017 contains a paragraph stating:...

2. Liu v The Real Estate Agents Authority (CAC 409) & Parore [2018] NZREADT 7 [pdf, 244 KB]

   ...(given by way of Mr Parore’s submissions on penalty).6 [18] The Committee did not consider Mr Parore’s error to be indicative of any wider lack of knowledge of real estate process and protocols of the Act, rather a lapse of judgment and a human error. It assessed his conduct as being at the lower end of the scale of unsatisfactory conduct.7 [19] The Committee acknowledged that a finding of unsatisfactory conduct is itself a penalty, having regard to the Authority’s public...

3. Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) [pdf, 270 KB]

   ...turn of mind of those who have to decide, and must therefore be subject to uncertainty; but that, I think, is inherent in the nature of the inquiry. [37] …the doctrine of laches requires a balancing of equities in relation to the broad span of human conduct. In the abstract, facts and the weight to be given to them are infinitely variable. But in a particular case they have to be identified and weighed for what they are, as a singular exercise. [27] From what I can gather these...

4. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

   ...be brought before the Tribunal at the date of his bankruptcy, but it cannot be said that that potential created a debt or liability certain or contingent. f) Counsel went on to submit that the principle in Kaye was recently applied by the Human Rights Review Tribunal in Fehling v Appleby 10 when considering s 232 of the IA 2006. There it was held that proceedings before the Tribunal should not be halted by a defendant’s bankruptcy, essentially on similar reasoning as was a...

5. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...emphasis to the purpose of the legislation, and the need to create a workable scheme for the regulation of non-competitive markets. Michael Petherick Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Bill of Rights/Human Rights 1 The term "input methodologies" refers to the rules, processes and requirements relating to regulation, such as how to calculate the cost of capital, value assets, allocate common costs, prepare regulatory account...

6. [2018] NZEnvC 109 V T Taueki v Horowhenua District Council [pdf, 796 KB]

   ...is an archaeological site as defined in the Heritage Act: archaeological site means, subject to section 42(3),- (a) any place in New Zealand, including any building or structure (or part of a building or structure), that- (i) was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and (ii) provides or may provide, through investigation by archaeological methods, evidence relating to the history of...

7. (9) Hamilton City Council [pdf, 321 KB]

   ...infrastructure wetlands: (a) Objective 1; and (b) Policy 17. Objective 1 21. Objective 1 includes to restore and protect wetlands so that they will be safe for people to swim in and take food from. 22. Because of the risks to human health, wetlands constructed to treat contaminated stormwater or wastewater should not be expected to be places suitable for swimming or collecting food. 23. Amendments are required to ensure this objective is not applied to infra...

8. Canterbury Westland Standards Committee 2 v A Practitioner [2020] NZLCDT 32 (13 October 2020) [pdf, 117 KB]

   ...charges to be finally resolved, the matter came before the Tribunal on 23 July 2020. [2] Although his job was made very difficult by the circumstances, counsel for the Standards Committee, Mr van Schreven, is to be commended for the sensitive and humane way with which he has been prepared to not only deal with the delays, but also to accommodate the changes in this practitioner as his [redacted] health improved. The practitioner was eventually able to participate in a productive dialo...

9. Bell v McDonnell - Mataimoana (2017) 374 Aotea MB 298 (374 AOT 298) [pdf, 396 KB]

   ...share common bonds of whakapapa in relation to Aotea, It is also conclusively established that the ahi ka and tikanga (together being the kaitiakitanga) is with Ngati Rehua only, They have the knowledge of customary practices on Aotea and are the human kaitiaki of the taonga. Discussion [28] My preliminary observation is that the approach out lined above regarding ss 129 and 132 of the Act is sound. The Court is tasked with deciding the lands ownership and determining the relativ...

10. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

    ...WHCL. I am satisfied there was an intention to satisfy the original condition for payment imposed by the Court. Some steps were taken in anticipation of a timely payment, but these were not completed. I find that the failure to do so was due to human error; the fault was not a deliberate one. [9] There was prejudice as far as Mr de Buyzer was concerned. He proceeded with enforcement; but Ms Mathieson submitted that was an issue which could be addressed by WHCL meeting those...