Search Results

1. Kaupapa-inquiry-programme-App-B-updated-Jan-2024.pdf [pdf, 158 KB]

   Appendix B. The kaupapa inquiry programme Updated: January 2024 Order Inquiry Indicative issues in registered claims 1 Māori military veterans (Wai 2500) Discrimination, recognition, disproportionate risk of harm, inadequate care and rehabilitation, land alienation, farm resettlement and economic opportunity, welfare and entitlements, cultural practices 2 Health services and outcomes (Wai 2575): - Stage 1: Primary healthcare system - Stage 2: Priority issues – mental health;...

2. LCRO 283/2014 AD v FR and OR (31 August 2018) [pdf, 219 KB]

   ...[58] Disciplinary regimes of all types exist to ensure the integrity and competence of their members. In this way, minimum standards of conduct and competence are guaranteed and members of the public who engage those services are said to be protected. The focus, in other words, is on consumer protection. This is an important societal value. 12 [59] Disciplinary regimes, therefore, perform a separate function from conventional arbitral or judicial decision making. The overa...

3. Aldridge & Ors as Trustees of the SL & KM Aldridge Family Trust v Boe [2012] NZWHT Auckland 27 [pdf, 202 KB]

   ...judgment, stated that I did not mention Mr Swarts return to the home (then occupied by the Boes) in 1999 to carry out the job of assisting with the erection of the pergola beams. [17] Mr Wright contends that: (i) Mr Swart had a general duty of care to remedy his faulty building work when coming back onto the building site to work on the pergola and (ii) his affixing of the pergola beams was defective and causative of damage. Mr Wright’s submission places reliance on John...

4. [2025] NZEmpC 98 The Chief Executive of Oranga Tamariki - Ministry for Children v Hill [pdf, 246 KB]

   ...Authority found that the dismissal was unjustified.3 [3] Oranga Tamariki has filed a challenge on a non-de novo basis. Essentially it challenged the parts of the determination where the Authority applied reg 22 of the Oranga Tamariki (Residential Care) Regulations 1996 (the Regulations) in relation to Ms Hill’s decision to use force against a rangatahi. It also challenged the finding that Oranga Tamariki considered Ms Hill had choked/strangled the rangatahi and that this infl...

5. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...A of the Scope Minute. 9 those issues should be avoided when determining scope. The Commission understands that counsel for the families will be addressing these issues in submissions. The Right to Life 29. The right to life is protected under international treaties and domestic legislation. Article 6(1) of the ICCPR, which New Zealand ratified in 1978, provides that “every human being has the inherent right to life. This right shall be protected by law. No one sh...

6. [2023] NZEnvC 089 CEP Services Matauwhi Limited v Northland Regional Council [pdf, 701 KB]

   ...AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 089 IN THE MATTER OF appeals under clause 14 of the First Schedule of the Resource Management Act 1991 BETWEEN CEP SERVICES MATAUWHI LIMITED (ENV-2019-AKL-000111) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2019-AKL-000127) Appellants AND NORTHLAND REGIONAL COUNCIL Respondent Court: Judge J A Smith sitting alone under s 279 of the Act Date of Order: 11 May 2023 Date of Issue: 11 Ma...

7. Hartley v Balemi [pdf, 401 KB]

   CLAIM NO: 1276 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN DAVID JASON HARTLEY and FLEUR DIANE HARTLEY Claimants AND No first respondent, Jack Balemi having been struck out AND BRENT BALEMI Second Respondent AND MANUKAU CITY COUNCIL Third Respondent AND No fourth respondent, Brent Warren Lee having been struck out AND No fifth respondents, Grace Kit Ha Mak and Wong & Bong Trustee Co Ltd h

8. [2021] NZEmpC 217 Humphreys v Humphreys and Chief Executive of the Ministry of Health [pdf, 368 KB]

   ...needs mean that she cannot be left unsupervised. She lives with her parents. Her adult siblings, who I infer do not have disability needs, do not live with their parents. Sian’s father is the plaintiff, Mr Humphreys. He is Sian’s primary carer. Her mother, Ms Jimenez, works full-time out of the house in paid employment but otherwise provides care for Sian. [3] From August 2014 Sian was in receipt of funding under what is known as the Funded Family Care Model. The Funded Fa...

9. Hawkes Bay Standards Committee v Heaphy [2014] NZLCDT 78 [pdf, 134 KB]

   ...warranted. We reserved our reasons for that determination, which we now set out. [3] The facts which affected our decision are as follows: 1. The seriousness of the conduct. 2. Aggravating features? 3. Mitigating features? 4. Deterrence. 5. Protection of the public and the reputation of the profession. 6. Relevant penalty decisions. 1. Seriousness of the conduct [4] The starting point in a penalty decision is the seriousness of the conduct found1. In our decision on li...

10. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

    ...paint began to peel. THE ASSESSOR’S REPORT [17] The claimants lodged a claim with the WHRS on 21 April 2008. [18] The assessor found that the house leaked: 15.2 Where and why does it leak? 15.2.1 Joinery transitions – no protective flashings or in seal – insufficient head flashing detail – in variance with manufacturer’s specifications. 15.2.2 Flat topped balustrade – no protective flashings or slope – in variance with specifications and plans. 15...