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1. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...employer (for grievance claims and breach of contract actions), or a union and an employer (for a breach of contract action) the section has to be construed as ruling out remedial options other than a penalty for egregious conduct. That is, s 4A permits certain compensatory claims, and forbids others. [71] It is difficult to infer such a limitation in the absence of any express clarification to this effect.61 [72] Indeed, under the Act, a limitation as to jurisdiction or outcome...

2. BMN v Stonewood Group Ltd [2024] NZHRRT 64 [pdf, 324 KB]

   ...interpretation of collect and as in both Armfield and Holmes the Tribunal has been explicit that collect does not require a request.17 10 Armfield, above n 4, at [44]. 11 Just as they themselves had personal information on their work laptops and as they permitted employees to have personal information on their work devices. 12 Armfield above n 4 at [44.8]. 13 Case Note 4784 [2001] NZ Priv Cmr 20. 14 Armfield, above n 4. 15 Holmes above n 7. 16 The Case Note involved information g...

3. Proactive-release-Foreign-Interference-Bill_FINAL..pdf [pdf, 594 KB]

   ...activities could attract increased scrutiny and criminal sanctions. However, similar to the example above, the same stakeholders may feel more confident as they are protected from covert attempts to co-opt them or undermine their activities which are permitted under New Zealand law. Te Tiriti o Waitangi/Treaty of Waitangi considerations 58 These proposals are intended to protect New Zealanders from targeted activity and safeguard the conduct of government. For Māori, this means t...

4. Common Bundle Volume 3 [pdf, 2.7 MB]

   ...section 33 of the Act (b) joint management agreements under section 36B of the Act (c) mana whakahono a rohe (iwi participation arrangements) under subpart 2 of Part 5 of the Act. (4) To avoid doubt, nothing in this National Policy Statement permits or requires a local authority to act in a manner that is, or make decisions that are, inconsistent with any relevant iwi participation legislation or any directions or visions under that legislation. 3.5 Integrated management (1) Adopt...

5. Waitangi Tribunal theme K - Māori Land Councils and Māori Land Boards [pdf, 3.4 MB]

   l \ , DUPLICATE Wai 1200, A60 RANGAHAUA WHANUI NATIONAL THEME K MAORI LAND COUNCILS AND MAORI LAND BOARDS: A HISTORICAL OVERVIEW, 1900 TO 1952 DONALD M LOVERIDGE DECEMBER I996 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District I: Auckland, R Daamen, P Hamer, and B Rigby District 7: The Volcanic Plateau, B J Bargh District 9: The Whanganui District, S Cross and B Bargh District IIA: Wairarapa, P Goldsmit

6. Speaking about cultural background at sentencing: section 16 of the Criminal Justice Act 1985 [pdf, 1.5 MB]

   ...Sentencing1 states that ‘…this may assist the Court in determining whether cultural attributes of the offender could be developed for rehabilitative purposes through the imposition of a community-based sentence. The intention of the section is to permit information relevant to sentence to be presented to the Court in an informal manner…. Iwi (tribe), hapü (section of large tribe) and whänau support or mätua whängai representation for the Mäori offender was envisaged…. The Cour...

7. Case studies from evaluation of court-referred restorative justice pilot [pdf, 791 KB]

   Evaluation of the Court-Referred Restorative Justice Pilot: Case Studies Prepared by the Crime and Justice Research Centre Victoria University of Wellington May 2005 2 DISCLAIMER This research was commissioned by the former Department for Courts. The report has been prepared by the authors and the views expressed in it are those of the authors and do not necessarily represent the

8. OIA-99969.pdf [pdf, 23 MB]

   ...policies and notice requirements will more likely obscure rather than enhance transparency. Caution should also be exercised against introducing overly prescriptive notice requirements. The regulatory framework should provide enough flexibility to permit, and indeed encourage, a range of design practices that may be appropriate across a variety of contexts. RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Final comment ACC welcomes reforms to the P...

9. Waitangi Tribunal - Ngāti Kahu Remedies Report [pdf, 5.3 MB]

   ...owned. In the case of Crown forest land, a recommendation for its return to Māori ownership will also involve the payment of the rent that has been paid for the use of the land as well as monetary compensation for its return subject to a forestry licence. The Tribunal’s power to recommend the return of Crown forest land and SOE land is referred to as its power of ‘resumption’ because, where the Tribunal exercises it, the Crown will have to ‘resume’ land to return it to the s...

10. E50 Myfanwy Eaves Historic Heritage EIC Council [pdf, 810 KB]

    ...without prior authority from Heritage New Zealand Pouhere Taonga. An Authority is required whether or not the land on which an archaeological site may be present is designated, a resource or building consent has been granted, or the activity is permitted under the Auckland Unitary Plan Operative in part (November 2016). According to the Act (section 6) archaeological site means, subject to section 42(3) – a) any place in New Zealand, including any building or structure (or part...