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1. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...applied for a job as a business analyst with Whanau Tahi Ltd. He attended an interview on 7 August 2013. Present at the interview was Mr Stephen Keung, who was a director of Whanau Tahi, Daymon Nin, an executive officer, and Sonia Dernie, from Human Resources. Mr Dasari indicated in his evidence that during this interview he explained that his visa status was employer specific. He indicated that if he was to obtain the position he had to have support from Whanau Tahi for a varia...

2. Waitangi Tribunal - issue 68 of Te Manutukutuku [pdf, 2.7 MB]

   ...institutions and law 10 Justice system Legal aid, barriers to accessing courts, colonial justice system, Supreme Court/Privy Council ; criminal justice system ; Māori land law, succession, court procedure and costs 11 Citizenship rights and equality Human rights, racial discrimination The Chairperson’s memorandum setting out the kaupapa inquiry programme can be downloaded from : www.justice.govt.nz/tribunals/waitangi-tribunal/news/ 6 New Directions The last 18 months have bro...

3. 221013-Web-Attachment-Summary-of-Submissions-Policy.pdf [pdf, 421 KB]

   ...programmes. However, one submitter cautioned that this principle may be problematic and lead to inflexible applications of policy based upon outdated data. Other principles suggested Submitters suggested the following additional principles • Human-rights based • Tikanga-based (several submitters supported this) • Rangatiratanga • Cost-efficiency • Equality • Equity of access • Affordability • Participation • Empowerment • Sustainability • Eas...

4. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...often oppose the taking of their land for reasons based on personal attachment which give rise to a sense of value based on their plans for their property as distinct from the intrinsic value of the land itself. I recognise that this is part of human nature and therefore to be expected. It forms part of the foundation for the principle that private interests in land are to be safeguarded by closer scrutiny of the basis for any proposed taking of those interests. It generates continu...

5. [2011] NZEmpC 48 Clear v Waikato DHB [pdf, 201 KB]

   ...was by then the area manager. The essence of the complaint was that the work environment was unchanged. Numerous matters were raised by Ms Clear all of which, bar one, Ms Osborn saw as historical. Ms Osborn had been advised by the Board‟s human relations personnel to address complaints as they arose rather than try to fix historical matters. She therefore dealt only with the one new matter, which related to the shredding of a document. [12] Ms Clear accepted that her relati...

6. [2012] NZEmpC 101 Pottinger & Nine Dot consulting Ltd v Carew and Kelly Services (NZ) Ltd [pdf, 250 KB]

   ...client after she took up the business development position. [25] The plaintiffs drew a distinction between the role of consultants and the Branch Manager and Business Development roles they held. The evidence of Kelly Services’ Director of Human Resources, Ms Wallace, was that the expectation placed on consultants to develop relationships with clients from the company’s client base extends to more senior roles. Her evidence was that Ms Pottinger and Ms Carew had access to a...

7. [2018] NZEnvC 214 King v Heritage New Zealand Pouhere Taonga [pdf, 13 MB]

   ...their culture and traditions with their ancestral lands, water, sites, wahi topuna, wahi tapO , and other taonga. [18] In s 2 of the Act the term "archaeological site" is defined to include any place in New Zealand that was associated with human activity that occurred before 1900 and that may provide, through investigation by archaeological methods, evidence relating to the history of New Zealand. The term "historic place" is defined to mean any land, including al...

8. LCRO 124-2014 SM v TK [pdf, 236 KB]

   ...[82] That case involved an appeal against a decision of the Complaints Review Tribunal, which had held that a lawyer’s actions in retaining a client’s passport to secure payment of an outstanding account amounted to discrimination under the Human Rights Act 1993. The passport in contention was an Indian passport, and the property of the Indian Government. [83] As such, the Court was not called on to address the significance to the case of the New Zealand Passports Act 1992, but...

9. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...view, the obligation of the agent is not an unconditional one to be available each and every day of the period of the retainer and at any time of day for communications with the principal. [40] It is necessary to bear in mind that licensees are human and that from time to time they will become unwell. The non-availability of the agent in this case did not in our view reach the point where he ought to have relinquished the agency. The appellant has not satisfied us that there i...

10. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

    ...under appeal. 24 Taueki v Proctor – Horowhenua 11 (Lake) Block (2021) 437 Aotea MB 86. 25 Rātima v Sullivan - Tataraakina C (2017) 64 Takitimu 121 at [142]. 2022 Māori Appellate Court MB 221 where significant costs are incurred (both human and financial) if hui are conducted on an incorrect footing and have to be repeated.26 [30] There are a number of examples where the Court has given clear and explicit directions preventing a particular person from standing for re-ele...