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1. KM v S Ltd [2024] NZDT 624 (16 July 2024) [pdf, 224 KB]

   ...others that put her into a vulnerable position. I also note that KM was not denied accommodation. She was simply told she would have to pay the full price of $440 for the Deluxe room. KM referred to common law, natural law, and international civil and human rights agreements, the principals of which give rights to restitution for suffering or grievances. I have dealt with KM’s claims on the basis of the current contract law and consumer legislation in New Zealand. 36. Even if KM�...

2. Short v Accident Compensation Corporation (Personal Injury) [2024] NZACC 188 (22 November 2024) [pdf, 178 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. [24] Clause 1(1) of Schedule 1 of the Act provides...

3. National Standards Committee 1 v Yang [2025] NZLCDT 30 (18 June 2025) [pdf, 172 KB]

   ...statement to the Police is inherently of greater moment in professional disciplinary matters, especially in circumstances like the present case where there were unusual pressures. Within the range of aberrant behaviours, allowances can be made for human frailty, as demonstrated in Auckland Standards Committee 2 v G.5 3 Auckland Standards Committee 3 v G [2024] NZLCDT 16 at [32]. 4 See above n 3 at [30]. 5 See above n 3. 8 [31] Mr Yang’s first statement was misleadin...

4. Auckland Standards Committee v Murray [2014] NZLCDT 88 [pdf, 103 KB]

   ...any reason, an unsuitable person to share in the enjoyment of those privileges and in the effective discharge of those responsibilities, he is not a fit and proper person to remain at the Bar. Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. It is not difficult to see in some forms of conduct, or in convictions of some k...

5. Auckland Standards Committee 5 v Hong [2020] NZLCDT 12 [pdf, 160 KB]

   ...disciplined in the past. He stated that there was not likely to be any concern for the future because his Benevolence on the Conscience Loan Fund had made its last advance. He was not prepared to make any further advances from the fund because human kind could not be trusted when it comes to money.10 9 Paragraphs [20], [30] and [55] of the submissions. 10 Paragraph [91] of the submissions. 12 [31] Mr Hong further sta...

6. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...mobile phone voicemail, he often did not respond. However, Mr Griffiths had the ability to contact MCSL, even if he was away from his office, by use of his mobile phone. [35] Surprisingly these days, Mr Griffiths’ counterpart at MCSL, its human resources manager Mr Russell, refused to and did not use a mobile telephone despite being away from his office frequently. MCSL was nevertheless contactable by telephone or facsimile transmission or email at each of its depots and, unli...

7. [2013] NZEmpC 31 Turner v Talley’s Group Limited [pdf, 196 KB]

   ...2011 letter did not come as a bolt from the blue for Talley’s: it was the logical successor to Mrs Turner’s earlier expressions of dissatisfaction about her loss of work. [78] Talley’s is a relatively large-scale operation with commensurate human relations and employment resources. It responded to Ms Sharma formally and after due consideration through its experienced Personnel Manager, Mr Cox. Mr Cox’s reply was by letter to Ms Sharma dated 8 November 2011. It addressed...

8. [2013] NZEmpC 152 The Salad Bowl Ltd v Howe-Thornley [pdf, 243 KB]

   ...probable; taking account of corroborative documentary records generated at the time or otherwise before the spectre of litigation arose; and the commonsense that a specialist court can bring to assessing the probabilities of interactions between human beings who are not lawyers or other relevant experts, leading to what was hoped by both to be mutually beneficial employment. [5] I have also taken into account the natural human frailties of attempting to remember, almost a year...

9. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...Walker was the site delegate for the New Zealand Amalgamated Engineering, Printing & Manufacturing Union (the union) and had been pursuing this issue for some time. One of the people present at the meeting was Vicki Donaghue, a member of the human resources department of Firth who was based at the Dunedin Plant doing training and staff development work. In the course of the meeting, Ms Donaghue referred to Mr Walker as “my nigger”. This was apparently said in jest but, as...

10. E31A Urban Design and Landscape Architecture JWS [pdf, 4.6 MB]

    ...comprising for Base B a-d and at least three of e-j, and for Bases C-G at least two of a-d and at least three of e-j: a. expression of primary and secondary building volumes with modulation of height or form; b. roof form modulation; c. provision of human scale, fine-grained detail and richness at all edges that the public will view at close range, and larger forms and elements to respond to mid and long-range viewing distances; d. visual expression of building entries; e. offsets...