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1. CAC 20005 v McGowan [2014] NZREADT 92 [pdf, 74 KB]

   ...have been rather profitable to the defendant; but we can accept that much marketing work was required by the defendant to achieve the outcome of five section sales to that person referred to the defendant by the complainant. [51] On the one hand, human relations blow-ups in the work place occur from time to time but, on the other hand, real estate salespeople are engaged in an important profession and should always act in a professional manner. We consider that the defendant failed to...

2. Returning-Offenders-Management-and-Information-Act-2015_FINAL.pdf [pdf, 1.6 MB]

   ...this paper. 48 Generally, returning offenders are likely to have multiple and complex needs for which they will need support. There are a range of health and disability services available to returning offenders once they arrive in New Zealand. Human Rights 49 The proposals engage the following rights under the NZBORA: 49.1 section 25(g) which affirms the right, if convicted of an offence of which the penalty has been varied between the commission of the offence and sentencing, to th...

3. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

   ...association are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 42. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in s 21 of the Human Rights Act 1993 (HRA). 43. Discrimination under s 19 of the Bill of Rights Act arises where:14 a. there is differential treatment or effects as between persons or groups in analogous or comparable situations on the basis of a prohibi...

4. CAC20005 v Peng [2015] NZREADT 4 [pdf, 227 KB]

   ...information has predominantly been given a wide interpretation in cases involving the Privacy Act 1993, and what constitutes personal information is often context dependent. In the case of CBN v McKenzie Associate, Decision No. 48/04, 30 September 2004 the Human Rights Review Tribunal observed: “[11] ... there is no "bright line" test which separates that which is obviously personal information about an identifiable individual from that which is not. Much will depend in any...

5. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...increased slightly from a rate of 13.67 deaths per 100,000 people, to 13.97 deaths per 100,000 people. Overall, the number increased by 17 deaths from 668 to 685. Each of those deaths represents an individual – it isn’t just a number. It reflects human beings who had family/whānau and friends, emotions, dreams and desires. Coroners will continue to work with the various agencies who are striving to prevent suicide. There is hope that by working together we can support individua...

6. Privacy-Act-2020-Indirect-notification-obligation-April-2023-Cabinet-paper_FINAL.pdf [pdf, 2.7 MB]

   ...circumstances in which notification is not required to ensure notification does not occur in these circumstances and/or to safeguard against a ‘chilling effect’ on the sharing of information due to concerns about compliance burdens/risks. Human Rights 54. These changes will enhance individuals’ privacy rights and have sought to balance increased transparency against other non-privacy rights through exceptions. Freedom of expression is engaged via the requirement to notify but...

7. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...that some parts of Marlborough have been modified as a result of a variety of land uses over many years. As has occurred throughout New Zealand, Marlborough’s natural environment has been highly modified from that which would have existed prior to human arrival. This has resulted in a range of non-indigenous species, which have in their own right made a significant contribution to amenity values in both urban and rural environments as well as to the character and economy of Marlboroug...

8. [2014] NZEmpC 208 Hayne v ASG [pdf, 162 KB]

   ...during ASG’s appearance and took notes of the Judge’s findings. He obtained legal advice as to whether he would infringe the non-publication order were he to disclose ASG’s identity as the defendant in the District Court proceedings, to Human Resources (HR) and management personnel at the University. The University’s lawyer advised him that an employer could be said to be legitimately interested in the fact an employee had pleaded guilty to a serious charge relating to pre...

9. [2015] NZEmpC 48 Thorne v Kiwirail Ltd [pdf, 144 KB]

   ...discussed as not to come to work under the influence and that a similar means of detecting alcohol to that used by the Police would be used - i.e. a breathalyser. [16] One of the witnesses for KiwiRail, Ms Victoria Clark, was the Passenger Group, Human Resources (HR) Manager. She went into some detail in explaining how the new Drug and Alcohol Policy had been rolled-out around the country with assistance from an independent expert. Staff had been rostered-off in order to enable...

10. [2014] NZEmpC 143 O’Connor v Auckland University Students Assoc Inc [pdf, 441 KB]

    ...disciplinary investigation was conducted by Ms A Williams as President of the Executive and Mr D Haines as Administrative Vice-President; but the ultimate decision-maker was Ms Williams, advised by law firm Chen Palmer and Ms Bull an external Human Resources Advisor. [2] In the course of the investigation, chartered accountants Grant Thornton New Zealand Limited (Grant Thornton) undertook a detailed review of the financial affairs of AUSA and its various affiliates. This...