Search Results

1. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 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. [50] In Johnston,2 France J stated: [11] It is c...

2. [2023] NZSSAA 009 (10 July 2023) [pdf, 175 KB]

   ...Ministry of an intended absence from New Zealand.10 A person is not entitled to be paid a benefit while overseas under the exceptions, unless they have notified the Ministry of their intended absence before leaving New Zealand, 11 or there are humanitarian reasons for the absence and failure to notify, and notification is made as soon as reasonably practicable.12 8 Social Security Regulations 2018, regs 142, 143, 148 and 149. 9 Social Security Regulations 2018, reg 144 and 145....

3. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...for a benefit to be exempt from expiry, and allow a benefit to be regranted. [11.11] The Chief Executive in administering DES must make decisions that are consistent with the general objects and intentions of the Act and consistent with the Human Rights Act 1993, the Privacy Act 2020 and the New Zealand Bill of Rights Act 1990. [11.12] As evidence of this the Ministry extended her DES on several occasions outside of the guidelines. [12] For the meaning of exceptional circums...

4. OIA-108159.pdf [pdf, 2.8 MB]

   ...legal claim seeking a declaration that it is inconsistent with one of the fundamental rights protected under the New Zealand Bill of Rights Act 1990 (for example, section 27 – the right to justice). There may also be criticism from international human rights bodies in their periodic reviews of our compliance with international treaties. 16. Discrimination and institutional racism in the sentencing process and legislative provisions is included in live claims filed with the Waitangi Tr...

5. [2024] NZEmpC 99 Putaanga v MOVe Freight Ltd [pdf, 243 KB]

   ...said she never understood him to be raising a grievance. Further, she said she was not the person with whom to raise it. She said that if she had understood him to be raising a personal grievance, she would have escalated it to her manager or human resources. [33] MOVe Freight said it was not aware of any grievance at the time. It did not, however, call any witnesses, other than Ms Valdes, who had any direct knowledge of, or involvement in, the events at the time. Mr Shelley, wh...

6. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...Section 22 – Right not to be arbitrarily detained 46. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.12 47. A person is regarded as detained within the meaning of s 22 if, amongst other things, there are statutory restraints of a person’s movements (accompanied by penalties for non-compliance).13 The e...

7. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...issues with a specimen’s integrity. Nexscreen, USA. It has a thermal temperature strip that reacts to the temperature of urine and can measure temperature between 33 and 38 degrees Celsius, which is generally the temperature of the human body, plus or minus a couple of degrees. The test cup also has a colorimetric strip for measuring creatinine levels. Creatinine is produced by the kidneys. The minimum level of creatinine in a valid sample is over 20 and the test c...

8. LCRO 176/2022 SP v AQ (15 August 2023) [pdf, 313 KB]

   ...the requirements of r 3 of the Conduct and Client Care Rules,5 particularly r 3.1, which provides: A lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act 1993. [26] With regard to Ms AQ’s complaint that Ms SP had breached her privacy, Ms SP notes that Ms AQ was happy for Ms VR to remain in the room when signing her Will. [27] Ms SP concludes her response in the followi...

9. [2023] NZIACDT 25 – ED v Dai - Sanctions (25 September 2023) [pdf, 136 KB]

   ...implausible. Mr Dai’s continuing excuses and shifting of blame to everyone except himself must lead to the maximum allowed penalties. [21] Mr Dai’s unlawful and unlicensed advice resulted in significant financial losses for them, as well as the human toll of enormous stress and anxiety. The complainant and her husband seek $21,633 in compensation: Service fee $6,900 Application fees $600 Tour fee $798 Tuition fees $4,760 Student insurance $175 Medical fees fo...

10. [2025] NZREADT 06 - UX v REAA (19 February 2025) [pdf, 292 KB]

    ...identifying the correspondents and the dates of each communication are present for some). NG’s memorandum (BoD redacted at 024–028) and the contemporary emails which were attached to that email (BoD redacted at 037–043). 12 Alpine Energy Ltd v Human Rights Review Tribunal [2014] NZHC 2792 at [29] and [31]. 13 16 November 2023 (at 5.14 pm). To the extent that the information might therefore be regarded as of some probative value, it is contrary to the complainant’s co...