Search Results

1. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...the DoHRP is appointed under the HRA and the Director of Proceedings is appointed under the HDCA, their functions are analogous. They both have important roles to play in human rights protection in New Zealand, are publicly funded and have limited resources. These are all relevant factors in the assessment of costs. See Haupini at [46]. However, in IDEA Services Ltd v Attorney-General (No. 3) [2011] NZHRRT 21 (28 September 2011) at [76][d] the Tribunal considered that an award of costs...

2. Proactive Release – Expiring Anti-Money Laundering and Countering Financing of Terrorism Act 2009 regulations: substantive and technical changes and new regulatory proposals [pdf, 954 KB]

   ...Regulations 2010. Addressing these issues through regulatory changes will improve the operation of the AML/CFT regime. Including limited partnerships in a designated business group 24. A designated business group (DBG) allows reporting entities to pool resources and reduce their compliance burden where they are operating in a larger group of entities as a collective. The AML/CFT Act treats the DBG effectively as a single reporting entity for most compliance obligations. This can si...

3. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...dispute or whose wider social or health needs are not being met. Additional support in these areas, before and during dispute resolution processes, could help resolve disputes earlier and more satisfactorily. 45. At this stage, it is unclear where resources would be best directed. There is a risk that further investment in existing support services is perceived as ‘more of what isn’t working’. If you would like to explore providing more support to claimants, we would recommen...

4. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...reasons advanced to support the application. (b) The desirability of ensuring smooth progress of hearings that have been allocated a hearing date. (c) The length of time taken to bring the matter to hearing. (d) The impact of an adjournment on resourcing issues. (e) The interests of other parties affected. [73] The list described above is not intended to be exhaustive but touches on the matters of most significance when an application for adjournment is under consideration. [7...

5. [2021] NZEmpC 183 Stenhouse v Towman Towing Group Ltd [pdf, 303 KB]

   ...how the employer acted, were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal occurred.19 [43] In applying the test four matters must be considered.20 They are: (a) Having regard to the resources available to the employer, the sufficiency of the investigation into the allegations before the dismissal occurred. 19 And see Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466. 20 Section 103A(3)(a)–(d...

6. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...(including gravity), or resistance, external to the body; or (iii) involves a twisting movement of the body: Issue 2 [i] Whether gravity is a force external to the human body under the 1992 Act [39] I discuss the case law and the Parliamentary resources, including Hansard, in considering this issue. [40] Counsel referred to case-law which discussed whether gravity is a force or resistance external to the human body and capable of causing injury under the 1992 Act. [41] Th...

7. [2021] NZEmpC 215 Stewart v AFFCO NZ Ltd [pdf, 318 KB]

   ...in the offered documents. [22] The Court was advised that the Authority held an investigation meeting into these issues in November 2020, but the Authority’s determination has yet to issue. [23] On 24 August 2020, AFFCO’s National Human Resources Manager, Mr Dane Gerrard, sent a communication to workers at Imlay as to a proposed rate review, and as to availability provisions. AFFCO wished the recipients to sign an attached schedule, which would bring about variations to the...

8. Wirihana-Tawake v Kauika-Stevens - Rangitatau 1D5A1 Takirau Marae (2021) 434 Aotea MB 114 (434 AOT 114) [pdf, 313 KB]

   ...nature of the disputes between Mr Wirihana-Tawake and Mr Kauika-Stevens are not issues that can properly be resolved by any Court of law. At its heart, this is a personal dispute between two close relatives over the management and use of a whānau resource; in this instance a whānau homestead. Unfortunately, this is not an uncommon situation. As I foreshadowed in my 2014 judgment, it is unlikely that the original tipuna of both parties could ever have foreseen that what was intend...

9. IPT 2020-21 Annual Report [pdf, 520 KB]

   ...the Tribunal’s work, in the interests of promoting greater accountability, awareness and understanding. The Tribunal maintained its website database of searchable, published decisions of the Tribunal (with abstracts), which provided a valuable resource for Tribunal members, higher courts, counsel, representatives, appellants and the wider public. Whereas in earlier court years, there was a significant backlog in the preparation of abstracts (synopses) of Tribunal decisions, the...

10. [2021] NZEmpC 120 Lye v ISO Ltd [pdf, 285 KB]

    ...accept, that the work continues to be organised in the same manner as before. [24] The position reached between MUNZ and ISO was described by Craig Harrison, the national secretary of the union, and Dean Carter, ISO’s General Manager Human Resources. [25] Correspondence between the union and the company was exchanged after the last hearing and before the judgment was issued. In September last year MUNZ wrote to ISO stating a view that it would be inappropriate for th...