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1. National Standards Committee v Young [2017] NZLCDT 41 [pdf, 315 KB]

   ...necessary to carefully consider the dicta in the two recent decisions of the High Court and Court of Appeal respectively in Deliu6 and Orlov.7 [45] In Orlov, the Court was considering the conduct of the practitioner in making a complaint to the Human Rights Review Tribunal, which was acknowledged to be a personal claim. At para [110] the Court had this to say: “But again, given that the person alleged to have discriminated is a Judge, the person complaining is a practitioner, a...

2. Walker v Flight - Waipapa 1D 2B 3B (2016) 352 Aotea MB 211 (352 AOT 211) [pdf, 263 KB]

   352 Aotea MB 211 IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A20140011624 UNDER Section 19 of Te Ture Whenua Māori Act 1993 IN THE MATTER OF Waipapa 1D 2B 3B BETWEEN AMY AMIRIA WALKER, DAVID TE RAWHITI FLIGHT, KATARAINA KATHLEEN PITIROI, RAWIRI CHARLES HEREMAIA, SHARON MATEWAI FLETCHER and TE MIHIATA KEITA HAKIWAI-WHAANGA as TRUSTEES OF WAIPAPA AND TOKAANU MᾹORI LANDS TRUST Applicants AND LESLIE ERLE FLIGHT Respondent H

3. [2019] NZEmpC 40 Berry v The Chief Executive of the Ministry of Business, Innovation and Employment [pdf, 328 KB]

   ...indicated. Ms Lakeman, in her brief, states that the fact that the complaint was not made about a MBIE staff member but about a third party over whom MBIE did not have any employment jurisdiction made the situation more unusual than a normal internal human resources complaint. She indicated correctly that MBIE could not just launch an investigation as it might do in relation to an issue between two of its own staff. She therefore considered that any decision as to how to proceed...

4. 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...

5. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

   ...[97] Of relevance to this review, are rr 3.1, 8, 5.1 and 10 of the Rules. [98] Rule 3.1 provides that a lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of s 21 of the Human Rights Act 1993. 6 Duncan Webb, Kathryn Dalziel and Kerry Cook Ethics, professional responsibility and the lawyer (3rd ed, LexisNexis, Wellington, 2016) at 150. 15 [99] Rule 5.1 recor...

6. [2016] NZEmpC 135 Nathan v Broadspectrum [pdf, 180 KB]

   ...necessarily involved being able to work on lines for Wellington Cable in the future. Broadspectrum was prepared to reinstate Mr Nathan but was not prepared to agree to him returning to Glover Street. [29] As Ms Manning, Broadspectrum’s Regional Human Resources Manager, explained in her evidence to the Court, the company decided on a tactical response to overcome this impasse. On the resumption of the investigation meeting it made the proposal referred to earlier, subject t...

7. Guide to the Draft Exposure Cannabis Legalisation and Control Bill [pdf, 1.3 MB]

   ...available All licensed cannabis edibles would be subject to existing safety and suitability requirements for food that are applied by regulations to cannabis edibles (section 207). This will help ensure that cannabis edibles are safe and suitable for human consumption. Other proposed restrictions on cannabis edibles include: • restricting permitted cannabis edibles to baked, ready-to-eat products • prohibiting products requiring refrigeration or heating • prohibiting the additi...

8. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...his understanding of the computer system that Ms FB was operating, his request that Ms FB be required to provide specific details of the software she was operating, all proceed from argument that technical analysis can eliminate possibility of human error. [158] It is an approach which might be appropriate in circumstances where there is allegation of fraudulent conduct that demands and justifies a sophisticated forensic examination, for example in circumstances where there is need...

9. [2020] NZEnvC 114 Summerset Villages Lower Hutt Limited v Hutt City Council [pdf, 31 MB]

   ...requirements are part of a Contaminated Soil Management Plan (CSMP). Condition 12 [62] On contaminated soils, our Interim Decision said: 8 Mr Gardiner testified that a detailed site investigation had concluded that risks to environmental and human health from the proposal can be managed with an appropriately developed Contaminated Soils Management Plan (CSMP). A draft Plan was included with the application. Proposed Conditions 12 to 15 address contaminated soil and require a CSM...

10. Te Manutukutuku Issue 30 [pdf, 8.9 MB]

    ...Resource Set Four This superbly presented, colour, poster-sized resource has been planned for use with the Fourth Form social studies syllabus, in particular modules 4.1 (The Treaty of Waitangi) and 4.2 (The search for security, justice and human rights) . It can also be used for use in senior school history, geography, legal and cultural studies. The resource was produced with the help of a group of teachers and was trialed in the classroom with great success. Each kit co...