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1. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...Even if it does, it is further submitted the Tribunal could uphold a finding of negligence but decide to take no further action. 16 [86] I find that the disciplinary threshold is met. This is not a case of momentary inadvertence or mere excusable human error. It is not a case where different advisers could reasonably interpret the visa condition in different ways. There was a high degree of carelessness. No reasonable adviser should have misunderstood the meaning of the visa con...

2. D-G Conservation - EiC - N R Dunn - Freshwater Ecology (5 Feb 2021) [pdf, 1.2 MB]

   ...consideration of physiological and behavioural effects on fish. 30. I disagree with Dr Allibone (his paragraph 45) that salmonids are the greatest threat to non-diadromous galaxiids. Rather I consider the alteration to the hydrological environment by human activities, in addition to natural flow variation, to be the greatest threat in those catchments containing non-diadromous galaxiids. 31. This is because fish are aquatic vertebrates, requiring aquatic habitat to complete thei...

3. [2020] NZREADT 29 – Molloy v Real Estate Agents Authority (9 July 2020) [pdf, 208 KB]

   ...not the role of an agent to prevent a purchaser from making an offer. [37] Mr Hargreaves further submitted that the Committee’s decision is discriminatory, in breach of s 19(1) of the New Zealand Bill of Rights Act 1990, and s 21(1)(i) of the Human Rights Act 1993, which prohibit discrimination on the grounds of (among other things) age. He submitted that Mr Pallatt was fully competent, and there was no evidence that he was not competent, or even vulnerable. He submitted that...

4. [2018] NZEmpC 19 Kumara Hotel Ltd v McSherry [pdf, 333 KB]

   ...dismissal in the event the employment is terminated. Such trial periods can be particularly important for small and medium sized businesses, as they often face higher recruitment and dismissal costs relative to larger employers who have dedicated human resources departments. Small and medium sized businesses, therefore, face higher risks in taking a chance on a new employee. This Bill will provide opportunities for those who might suffer disadvantage in the labour market, for exampl...

5. 2021-07-05 OWRUG - Closing Submissions [pdf, 277 KB]

   ...assured by the Act, there remains a substantial risk of failure to integrate decision-making whether PC7 is approved or not. A Prayer for Relief. 70. There is a good deal more at stake to be lost then there is to be gained through PC7. The human cost of the ORC’s messaging that permits may not be available after 6 years is significant.17 As it happens, the pRPS contemplates a much longer transition towards the attainment of the visions for freshwater than 6 years18. Time i...

6. A new adoption system for Aotearoa New Zealand - Summary Document [pdf, 272 KB]

   ...the child. The current law allows a person’s agreement to be dispensed because they have a mental or physical incapacity. We think this should not be included in a new adoption system as those grounds are discriminatory and don’t meet our human rights obligations, particularly towards people with disabilities. We want to hear your views on these options we are considering for enabling children to participate in the adoption process. 6 We think that birth parents s...

7. Advancing Electoral Reform papers [pdf, 2.2 MB]

   ...have lower electoral participation rates compared to the overall voter turnout. One of the key objectives of electoral reform is to encourage electoral participation by all eligible voters (but particularly those with lower participation rates). Human Rights 59 Improvements to the electoral system will help support and maintain the electoral rights guaranteed under section 12 of the New Zealand Bill of Rights Act 1990. The review could also help to ensure the electoral system is free f...

8. [2021] NZEmpC 197 Mikes Transport Warehouse Ltd v Vermuelen [pdf, 245 KB]

   ...Warehouse Ltd [2020] NZERA 500 (Member Campbell). [7] Mr Vermuelen approached the Modern Transport group to enquire about employment opportunities and spoke to Mr Flyger. Mr Flyger works across both MTE Ltd and MTW Ltd as Group Accountant and Human Resources Manager. It is clear that Mr Vermuelen made a positive first impression - Mr Flyger immediately introduced him to Mr Robin Ratcliffe, a Director of both MTE Ltd and MTW Ltd. [8] Mr Ratcliffe decided that Mr Vermue...

9. [2021] NZACC 119 - Koloni v ACC (3 August 2021) [pdf, 251 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. 12 [48] An approach which has been repeatedly...

10. Social Wellbeing Commitee Paper COVID-19 options to amend Sale And Supply of Alcohol FINAL [pdf, 1.5 MB]

    ...Options B and C are exempt on the basis that the proposals are intended to provide limited temporary modifications to existing legislative requirements, since the COVID-19 emergency has made compliance with the requirements unreasonably burdensome. Human Rights 51 Elements of the proposal for legislative change, such as requiring public notification, may engage section 14 of the Bill of Rights Act (freedom of expression). I consider this limitation is likely to be justified. Consult...