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1. Pue v Nga Hapu o Nga Ruahine Iwi Incorporated [2011] Maori Appellate Court MB 577 (2011 APPEAL 577) [pdf, 194 KB]

   ...purposes refer to “land/air/water/sea including taonga and subsurface… submerged lands, all petroleum and all minerals, all waters…” The purposes also provide for the tino rangatiratanga o Ngā Hapū o Ngā Ruahine Iwi, the pursuit of human rights breaches, the social, economical and political organs and systems of their communities, and many other things besides. [12] The appellants also wish to restrain Ngā Hapū o Ngā Ruahine Iwi Incorporated (“the Incorporated Soc...

2. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be en...

3. Waxman v Pal [2016] NZHRRT 28 [pdf, 71 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 28 Reference No. HRRT 035/2015 UNDER THE PRIVACY ACT 1993 BETWEEN DEBORAH WAXMAN PLAINTIFF AND JITENDRA PAL DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms LJ Alaeinia, Member Mr BK Neeson JP, Member REPRESENTATION: Dr D Waxman in person Dr J Pal in person DATE OF HEARING: 30 and 31 May 2016 DATE OF DECISION: 11 August 2016 DECISION OF TRI...

4. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

   ...to be an issue, however, is the relative space left to hapū such as Ngāti Pu in a post-settlement environment to maintain and assert an independent voice. In one sense, this in an intensely practical question depending in large part upon the human and other resources available to the hapū and the extent to which it is unified. There are also important points of principle potentially at issue. Chief amongst these are the way in which whānau, hapū and iwi relate to each other and t...

5. Whiles-Clarry v Standing [2011] NZIACDT 18 (6 July 2011) [pdf, 119 KB]

   ...complaint being upheld without necessarily imposing a sanction, it follows it is not necessary to find a disciplinary sanction should be imposed to uphold a 7 complaint. However, it is important to recognise not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards; but still not justify upholding a disciplinary complaint....

6. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...tried to reschedule the meeting. 4 [10.6] The Tribunal indicated (on the basis of the information Ms Lozano provided to the Authority) it believed Ms Lozano had been late to the meeting and the issue was no more than a minor example of human frailty. [10.7] Ms Lozano then remained silent and expected the Tribunal to act on the information she had supplied to the Authority. [10.8] Ms Lozano knew when she supplied the information to the Authority that it was misleading. Sh...

7. HNL v SEC [2013] NZIACDT 11 (19 March 2013) [pdf, 146 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. [...

8. Yiasoumi v Attorney-General [2017] NZHRRT 12 [pdf, 242 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 12 Reference No. HRRT 061/2015 UNDER THE PRIVACY ACT 1993 BETWEEN YIASOUMI YIASOUMI PLAINTIFF AND ATTORNEY-GENERAL DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Hon KL Shirley, Member REPRESENTATION: Mr Y Yiasoumi in person Ms H Carrad for defendant DATE OF HEARING: 8 March 2017 DATE OF DECISION: 11 April...

9. Complaint Assessment Committee 403 v Licensee B [2017] NZREADT 21 [pdf, 178 KB]

   ...previous disciplinary history, and may therefore be entitled to some reduction in penalty, but submitted that remorse could not be considered as a mitigating factor. While noting that the defendant had entered into a settlement with Ms A through the Human Rights Commission, had made some partial admissions as to his conduct in the course of the present proceeding, and had expressed regret and embarrassment regarding some of his comments, Mr Hodge submitted that the defendant had co...

10. BORA National Animal Identification and Tracing Bill [pdf, 205 KB]

    ...all reasonable steps to avoid committing the offence, or • the act or omission constituting the offence took place in circumstances of an adverse event or emergency, and was necessary for the preservation, protection, or maintenance of animal or human life or for animal welfare purposes. Is the limit on the right to be presumed innocent justified? 47. Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if...