Search Results

1. MacKenzie v Christchurch City Council [2011] NZWHT Auckland 59 [pdf, 125 KB]

   ...manager and says he only ever acted on behalf of the company. [22] There is no doubt that Wakefield was the developer. However, it is necessary to make a finding as to whether Mr MacKinnon was a co-developer and whether his actions as the ‘human face’ of Wakefield were the actions of a developer per se. This is important as a developer has a non delegable duty of care.2 A director who is not a developer may still be liable but their negligence must arise from their act...

2. IPT Annual Report 2014 [pdf, 3.7 MB]

   ...Protection Tribunal was established under section 217 of the Immigration Act 2009. This annual report records case load and decision statistics in each of the Tribunal's four jurisdictional streams - residence, deportation (resident), deportation (humanitarian) (formerly referred to as removals) and refugee and protection. It also records the statistics for the Tribunal as a whole. The Immigration Act 2009 imposes no reporting requirements on the Immigration and Protection Tribuna...

3. [2016] NZSSAA 100 (24 November 2016) [pdf, 208 KB]

   ...records the objects of the charity as being: “to relieve those persons suffering from haemophilia, who as a result of receiving infected blood products in the United Kingdom and suffering from Acquired Immune Deficiency Syndrome are infected with human immune deficiency virus and are in need of assistance, or the needy spouses, parents, children and other dependents of such persons and the needy spouses, parents, children or other dependents of such persons who have died.” [53] The...

4. LCRO 236-2015 DZ v EY [pdf, 176 KB]

   ...DZ, Ms FX and, to some extent, J know the truth. [20] However, Mr DZ’s position is that the Committee was unable to see the truth behind the fiction created by Ms EY and Ms FX. He believes he is one of many men who have “their fundamental human rights stripped by deceptive and venomous ex partners assisted happily by lawyers”. Mr DZ says Ms EY read the affidavits, agreed them, signed them and certified them. He reasons that “to all intents they are her documents that sh...

5. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

   ...relation to whether or not work visas are issued. It must simply deal with the fact that Immigration New Zealand has not granted work visas. The appellants are in a situation where they have no income, and no ability to provide for their most basic human needs. They have been fortunate to receive some charitable support. [10] In some cases, it is necessary to consider whether a person is a genuine refugee claimant. The Immigration Act 2009 contains some powers to reject ill-found...

6. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...damages in this case. It is not a case which sits in the same league as Taunoa v Attorney-General,31 a judgment referred to by Mr Samuels. That case involved severe mistreatment of prisoners in conditions in breach of, in at least one instance, the human rights protection against disproportionately cruel and degrading treatment.32 [42] While I do not consider this to be an appropriate case in which to make an award of damages, I can discern no good reason why a declaration of brea...

7. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   ...applicable) exercising the resource consent. Failure to comply with the conditions may result in prosecution, the penalties for which are outlined in Section 339 of the Resource Management Act 1991 . 5. The consent holder shall ensure that, should any human remains or archaeological items be exposed while undertaking works to give effect to cond itions of this consent, works in that area will cease immediately. The Police, Heritage New Zealand, and Kaumatua representing the local Tangata...

8. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...matters raised in Mr NB’s report should be addressed before the Tribunal. [74] I acknowledge that referral to, and a hearing before, the Tribunal is somewhat daunting, and difficult to endure on a personal level. Mr QR refers to that as the “human factor”. However, the decisions and judgments referred to above, overwhelmingly support the determination by the Committee to put the matters raised in Mr NB’s report before the Tribunal. Conclusion [75] After balancing the...

9. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...been negligent in missing the deadline and failing to advise the complainant of the need to invest as the deadline approached. There was a high degree of negligence. Her mistake could not be described as mere momentary inadvertence or excusable human error. She had failed to note the criteria set out in the approval in principle letter (sent to her twice), the multiple warnings from Immigration New Zealand and from the complainant’s financial adviser, as well as a query from th...

10. 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...