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1. Wright v CAC 10056 & Woods [2011] NZREADT 21 [pdf, 169 KB]

   ...were confused about where the boundary was and did appear to discount any documentary evidence as to the boundary because it did not fit with where they believed the boundary was or they believed it was unreliable. [48] This does seem, from a human point of view, to be perfectly understandable. However, is Ms Wright responsible for this? Perhaps she could have done more in that she could have recorded in writing that the vendors had told her that not all of the grassed area was part...

2. Cabinet proposal to establish a supervision regime for offenders deported to New Zealand [pdf, 204 KB]

   ...breach of conditions 1.8 3.9 4.2 3.4 2.5 15.8 Legal aid for breach of conditions 34.1 80.5 83.6 68.2 49.6 316 Imprisonment for breach of conditions 33.0 66.1 77.1 55.1 44 275.3 Total 901.2 1,748.9 1,848.4 1,542.7 1,195.9 7,237.1 9 Human rights 50. The proposals raise issues with the New Zealand Bill of Rights Act 1990, in particular section 26(2) which affirms that no one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or pu...

3. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...effects and injuries which followed. If one looks at the matter without subtlety I think the only conclusion that can be made is that this was injury by accident, an unexpected untoward mishap. The fact that it came from a stoppage in an essential human activity does not alter the real effect, the real meaning of the events and occurrence.” Interim directions [26] I do not intend to pre-empt ACC’s consideration of the claim or limit the evidence it should consider, but...

4. 2017 NZSSAA 039 (20 July 2017) [pdf, 204 KB]

   ...Mr McKenzie submits that the Order breaches the appellant’s right to freedom from discrimination, affirmed in s 19 of NZBORA and that discrimination on the basis of disability, age, and employment status is prohibited pursuant to s21 of the Human Rights Act 1993. [62] Mr McKenzie submits that the two-stage test for discrimination relevant to s 19 of NZBORA is satisfied because there is differential treatment between groups in comparable situations 14 which has resulted in...

5. [2018] NZEmpC 85 Kaikorai Service Centre Ltd v First Union Inc [pdf, 407 KB]

   ...but doing so in a manner that frustrated, nullified or vitiated it. [12] The defendant pleaded how an organised campaign by it brought about changes to the extent that the result has been to improve “the lives of the workers to expand the human rights at work and to expand their employment rights in the workplace”. [13] Specifically relating to the plaintiff, the defendant pleaded that it, and other members of the South Island co-operative (referring to Foodstuffs South Is...

6. [2017] NZEmpC 103 McPherson v Carter Holt Harvey Ltd [pdf, 195 KB]

   ...Completion to take your accrued and entitled annual leave, long service leave and statutory holidays in lieu (alternate days) in cash). … To accept the offer Please sign and return the acknowledgement enclosed with this letter, and return this to Human Resources or your Union delegate as soon as possible and no later than 5pm on 9 June 2014. Implications of not accepting the offer of employment on or before 9 June 2014 If you do not accept this offer on or before 9 June 2014...

7. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...retraining were not options. [73] In respect of the unprofessional communications, Mr Horan had accused immigration officers of being inept, callous, arrogant, insensitive, uncaring, unconscionable, unprofessional, of being unable to distinguish basic human rights, of ignoring the principles of fairness, of treating clients worse than animals and of being corrupt, overzealous and overbearing. It was found his communications would tend to bring the profession into disrepute. His...

8. [2018] NZEmpC 132 Nicholson v Ford [pdf, 308 KB]

   ...that imposing a penalty against the ‘last man standing’ (namely in circumstances where the company has gone into liquidation) would open the floodgates as Mr Hayes contends. He submitted that such a finding would expose lawyers, accountants, human resources officers, chief executives, and a raft of other people who had had some minor input into a flawed restructuring process, to a potential penalty. [12] The relevant legislative provision places constraints around the exercis...

9. [2022] NZACC 68 – Broughton v ACC (28 April 2022) [pdf, 233 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. [35] Section 67 of the Act provides: A claimant w...

10. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

    ...faecal contamination. They also demonstrated significant UV fluorescence and the presence of detergents, and some contamination from domestic wastewate1· supply. Ms Conwell comments that the high levels of the above pose an immediate risk to human health on the basis of presence of high concentrations of faecal indicator microbiological contaminants. The risk to the tributaries of the \v'aikenae [sic] River catchment are mitigated by the distance of the overland flow path....