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1. [2018] NZEmpC 46 Evans-Walsh v Southern District Health Board [pdf, 367 KB]

   ...Appearances: M Thomas and A Anderson, counsel for the plaintiff J Copeland and J Frame, counsel for the defendant Judgment: 14 May 2018 JUDGMENT OF JUDGE K G SMITH [1] Jane Evans-Walsh was employed as a nurse in a specialist care unit of a hospital in Southland operated by the Southern District Health Board. On 14 October 2016, she resigned after they both signed a record of settlement pursuant to s 149 of the Employment Relations Act 2000 (the Act)....

2. INZ (Foley) v Rodriguez [2019] NZIACDT 60 (30 August 2019) Sanctions [pdf, 115 KB]

   ...2 INTRODUCTION [1] The Tribunal upheld the complaint against Ms Rodriguez, the adviser, in a decision issued on 23 July 2019 in Immigration New Zealand (Foley) v Rodriguez.1 It found that Ms Rodriguez had failed to conduct herself with due care, as she had recommended to an employer for a welding position someone who had little experience of welding. She had then obtained a work visa for that person again based on the welding position. Her conduct was found to be a breach of t...

3. Factsheet Family and Whanau Violence Legislation Bill [pdf, 193 KB]

   ...perpetrator should take that would help them accept responsibility for, and stop, inflicting violence. Parenting arrangements and child safety CONSIDERATION OF CHILDREN AND CONTACT ARRANGEMENTS UNDER COCA There are unique challenges involved in care of children cases where family violence is involved. The Bill addresses these by allowing Judges to impose protective conditions for handover arrangements whenever family violence has occurred. It will also allow family court judges t...

4. Children need parents who understand what they're going through [pdf, 309 KB]

   ...probably be at different stages of the separation journey when you have to make important decisions. • You might find it hard to focus on your children’s needs but that’s what they urgently need you to do. • If you or your children need protection from violence, ask the Family Court for a Protection Order. 5. Ways to help your children • Keep them away from conflict (including shouting, fighting, background stress and actions like slamming doors). • Ensure they don’t g...

5. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

   ...was run by IF Ltd. 2. The cruise was due to start on 15 November 2022. Approximately two weeks before the voyage was due to start HT emailed IF Ltd expressing concern about a new Covid outbreak and asking about enforcement of IF Ltd’s Covid protection requirements. 3. HT was not happy with the response he got from IF Ltd, which he considered to differ from the original Covid protection assurance advertised by IF Ltd and to result in no protective Covid policy at all. He cancelle...

6. Ram-Raid-Offending-and-Related-Measures-Amendment-Bill_FINAL.pdf [pdf, 7.4 MB]

   ...offending by children aged 10 to 13, and a 64 percent reduction for young people aged 14 to 17 since 2010. Recent additional measures were introduced in 2022 in response to spikes in ram-raiding and retail offences. 5 While the youth justice and care and protection systems are working for most children and young people with offending behaviour, a stronger focus is required on the small number of children and young people who commit the majority of offences, and who need much more intensiv...

7. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.6 MB]

   ...of the IPCA. Our NPM agencies will pay particular attention to our response. 21. The report provides information on the NPM agencies’ funding and monitoring activities. The Ombudsman’s responsibilities have been amended to cover aged- care facilities which he will start monitoring in 2019. The report also includes information on changes to IPCA practices ensuring more independence from New Zealand Police. Violence against women (issue 5, Ministry of Justice, New Zea...

8. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.5 MB]

   ...of the IPCA. Our NPM agencies will pay particular attention to our response. 21. The report provides information on the NPM agencies’ funding and monitoring activities. The Ombudsman’s responsibilities have been amended to cover aged- care facilities which he will start monitoring in 2019. The report also includes information on changes to IPCA practices ensuring more independence from New Zealand Police. Violence against women (issue 5, Ministry of Justice, New Zea...

9. AEG v ZVP Ltd [2012] NZDT 339 (23 October 2012) [pdf, 101 KB]

   ...Law [6] The relevant law is the general law of contract, and the law of bailment – where A (bailee) knowingly and willingly accepts possession of goods that belong to B. The bailee is liable when he fails to take reasonable care of the said goods. [7] The burden of proof falls on the bailee to prove that he has not been negligent in the care of the goods. Issues [8] The issues to be decided are as follows: (i) The nature of the relationship between t...

10. LCRO 97/2019 DH v MB (29 June 2020) [pdf, 273 KB]

    ...(a) Mr CP sought to negotiate a settlement of the division of shared property [Mr CP] and Mrs RS held at the time of Mrs RS’s death, and (b) he had advised that Mr CP had “a strong case to vary the terms of [Mrs RS’s] will under the Family Protection Act 1955”.3 Complaint [14] Ms DH lodged a complaint with the Lawyers Complaints Service on 12 March 2019, the essence of which was that by not providing Mrs RS with advice designed to “protect [Mrs RS’s]/family property...