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1. [2016] NZEmpC 31 A Labour Inspector v Taste of Egypt Limited [pdf, 473 KB]

   ...proceedings. All that the current proceeding does is to freeze assets pending further enforcement proceedings. This judgment does not require the second or third respondents to meet the debts of the first respondent but recognises that, as the human operatives of their company, Mr Awad and Ms McFarlane are responsible for what it does or does not do. Further, I consider that there is a realistic possibility that the company’s assets may have been transferred to either or both o...

2. Russell v CAC 10057 & Hoen [2012] NZREADT 17 [pdf, 123 KB]

   ...When we stand back and consider all the evidence objectively, we consider that Ms Hoen cannot be criticised in any substantive way and seems to have marketed the property in a competent manner. [41] The advertising confusion was simply due to a human administration error which Ms Hoen did her best to remedy in a fair manner. 9 [42] We appreciate that Mr and Mrs Russell found themselves under emotional stress at the point on 30 June 2010 when they agreed to sell their Kar...

3. Auckland Standards Committee v Banbrook [2014] NZLCDT 37 [pdf, 104 KB]

   ...Mr Banbrook’s attempt to go behind the Summary of Facts is part of a wider problem which we detected in Mr Banbrook; of complete failure to accept any responsibility whatsoever for his part in the NFL collapse. Whilst we understand his very human response to having been duped, we considered he was somewhat obsessed with Mr Gray’s part in the deception and subsequent company failure, rather than looking to the more obvious matters of many failures in the company and the outstand...

4. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

   ...the provisions in the Bill do not appear to be inconsistent with the rights and freedoms contained in the Bill of Rights Act. Ivan Kwok Acting Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Advisor Bill of Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697, 729, 826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th) 3 A Butler and P Bulter, The New Zealand Bill of Rights Act: A Commentary (2005) at para. 13.7.38. 4 I...

5. LCRO 207/2016 YN v NZ Police (2 August 2017) [pdf, 166 KB]

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

6. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...Rights Act. Section 22 – Liberty of the person 37. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. Similarly to section 11, the right not to be arbitrarily detained protects human dignity, autonomy and liberty. [7] 38. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” [8], whether a physical deprivation or a statutory constraint. The term “arbitrarily” is intend...

7. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

   ...the requested information within the notice period and if it is received, it will be considered by WDHB before your termination date and WDHB may review its decision in regards to such. Yours sincerely [signed] Blair Nugent Human Resources Manager Mental Health Services cc. FACSIMLE: … Mark Ryan Barrister PO Box 941 Auckland [13] This letter was sent by facsimile to Mr Ryan. He wrote to the WDHB on 30 October 2008 indicating...

8. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

   ...development institutions and law 10 Justice system Legal aid, barriers to accessing courts, colonial justice system, Supreme Court/Privy Council; criminal justice system; Maori land law, succession, court procedure and costs 11 Citizenship rights and Human rights, racial discrimination equality 9

9. 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. [...

10. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

    ...attended a bar. [Then follows a passage which is the subject of a non-publication order, as issued in Nel v ASB Bank Ltd (No 4) [2018] NZEmpC 64]. Mr Reilly is an intended witness, and his brief of evidence refers to the same event. Ms Restall, a human resources (HR) professional, also comments on this evidence from an HR perspective. She will say that she was contacted by Ms B on 20 April 2018 about this matter, going on to refer to these and other circumstances for the purpose...