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  1. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

    ...unlawful discrimination. She took issue with the lawfulness of the mandates and the proportionality of the measures taken by FENZ. She further stated that FENZ’s position was in breach of the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 (HRA). She then sought confirmation that she was entitled to continue to attend FENZ sites and callouts. [40] At this stage, Ms Hall had been suspended for 91 days. There is no evidence before the Court of any r...

  2. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

    ...necessarily, be absorbed where impacts are appropriate and are significantly outweighed by the surroundings. An important part of high-country atmosphere is the sense of remoteness, silence, nighttime darkness, and the appearance of total lack of human impact. In such cases even the first development may well be [inappropriate], by devaluing the pristine state. Secondly, as the extent of change increases once a precedent is established, the overlying natural and aesthetic values...

  3. Tane v Accident Compensation Corporation (Personal Injury) [2025] NZDC 36 (27 February 2025) [pdf, 228 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 67 provides that a claimant who has suffered a personal injury is entitled to entitlements if he or she has cover for the personal injury, and is eligible under this Act for the entitlement or entitlements in respect of th...

  4. Tapu te Wao v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 137 (16 August 2024) [pdf, 246 KB]

    ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. [47] Section 32 provides: (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment from, or at the dire...

  5. Clay v Accident Compensation Corporation (Personal Injury) [2024] NZACC 91 [pdf, 283 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. [46] Section 26(1)(c) of the Act provides that “...

  6. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

    ...likely to receive a more severe sentence as a result of previous offending. First and foremost, criminal justice policy should be evidence-based and cognisant of system challenges such as inequity, bias, rights and liberties, and the intricacies of human behaviour. As the Law Society noted in its submission to the Select Committee, the Bill is not evidence-based.10 We are of the view that the options presented here serve to exacerbate this deficiency and will increase the severity o...

  7. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

    ...arthritis and a wide range of health issues including all the symptoms she currently attributes to the naproxen. 6. It is often very difficult in medicine to define unequivocally the links of causation between particular symptoms and their causes. Humans and their illnesses reflect very complex processes and symptoms from various causes often overlap in presentation. To further complicate matters, all medications can have side effects. 7. It is also common for symptoms to resolve whe...

  8. Seismic-Strengthening-of-Ministry-of-Justice-Courthouses.pdf [pdf, 11 MB]

    ...New Zealand Infrastmcture Commission and the Treasmy. The Treasury have advised that they supp01t option C. Legislative Implications and Regulatory Impact Analysis 35. There are no regulat01y or legislative implications arising from this paper. Human Rights 36. The proposal has no direct human rights implications under the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993. Gender Implications 37. There are no direct gender implications arising from this paper. Di...

  9. [2018] NZEnvC 090 Cabra Rural Developments Limited v Auckland Council [pdf, 31 MB]

    ...Policy 9 of the New Zealand Coastal Policy Statement 2010. The revised criteria comprise six inclusion factors and four exclusion indicators. [56] At paragraph [6] the Court goes on to discuss the exclusion indicators, listed as: (a) it is a human modified or artificial structure or habitat (unless they have been created specifically or primarily for the purpose of protecting or enhancing biodiversity); (b) it is a site maintained for agricultural production for either native or non...

  10. Final-Technical-Assessment-D-Landscape-Visual-and-Natural-Character-v2.pdf [pdf, 1.1 MB]

    ...the best fit from a landscape perspective at a district level. 4. The Ō2NL Project also fits landscape patterns at a finer scale within the constraints of engineering geometry for such a road. Such a fit helps reduce effects on natural and human aspects of landscape character and will contribute to aesthetic coherence between the highway and landscape. Nevertheless, there will be some unavoidable residual adverse effects on landscape character and amenity values, most notably a...