Search Results

1. Reid v ACC [2015] NZACA 11 [pdf, 65 KB]

   ...lump sum payment of $7,000. There was at that time a statutory discretion to pay an additional sum up to a maximum of $17,000, which was exercised in his favour, so the maximum amount was paid to Mr Reid on 1 December 1983. This had followed a request from a rehabilitation officer (26 October 1983) and then an internal assessment (11 November). The assessment recorded Mr Reid’s concerns about the future, a specific incapacity, his severely altered lifestyle, moderate to severe pain,...

2. E73 Prof David Williams - EIC - Ngāti Whātua Orākei [pdf, 5.6 MB]

   ...whenua in its primary area of interest via raupatu and ahi kā – continuous occupation. This is considered to be the “strongest evidence of rights in the land”. 2.3. Auckland City was founded on 20 October 1840, when officials drew up a formal deed for the transfer from Ngāti Whātua Ōrākei to the Crown of an estimated 3000 acres (3500 acres of modern calculation) between approximately Hobson Bay (Mataharehare), Coxs Creek (Opou/Opoututeka) and Mt Eden (Maungawhau)....

3. Director of Human Rights Proceedings v Crampton [2015] NZHRRT 35 [pdf, 151 KB]

   ...proving one of the exceptions in Principle 11, the Tribunal must then determine whether the disclosure constituted an interference with the individual’s privacy as defined in s 66 of the Privacy Act. That is, has the plaintiff established one of the forms of actual or potential harm contemplated by [s 66(1)]. The burden of proof reverts to the plaintiff at this stage. [190.4] Fourth, if the Tribunal is satisfied to this stage, then its final task is to determine whether, in its disc...

4. [2015] NZEmpC 54 Goel v Director-General for Primary Industries [pdf, 266 KB]

   ...The medical records do not make it clear whether Mr Goel was detained compulsorily for treatment after assessment but I infer that he was not, at least following assessment or diagnosis. [12] Another hospital document (“Change of Status to Informal” under the Mental Health (Compulsory Assessment and Treatment) Act 1992) evidences the fact that on 22 July 2013, the date of his admission to hospital, Mr Goel’s status changed from “S11” to “Informal”. I infer that the...

5. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...reliance is placed on an assertion that in late 2014, Ms Shaw advised Mr Neil McKelvie, Business Leader (Medical Services) of the DHB, that she had been subjected to bullying and harassment in the workplace since she commenced her employment. As requested by him, she provided extensive documentation, in January 2015, about alleged bullying and harassment over a period of years. These included patient records. She asserts that her concerns were not adequately considered, and...

6. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...Subpart 2. 15 MACA, Part 3, Subpart 3. 16 CMT agreements with the Crown depend on legislative enactment: MACA, s 96(1)(b). In regard to PCRs see: MACA, s 96(1)(a). 3 12. CMT is most relevant for present purposes. It is the highest form of customary interest recognised under MACA. CMT is a territorial right that pertains to a specified area of the CMCA. It can be held by one or more iwi, hapū or whānau groups. The statutory test for recognition of CMT under s 58 has two...

7. Māori Trustee v Te Pou - Waiohau A Section 4B (2012) 55 Waiariki MB 124 (55 WAR 124) [pdf, 136 KB]

   ...has taken receipt of rental proceeds from the lessee of the land, Judy Carter, on or about 11 May 2012 in the amount of $5,032.08 in the form of a cash cheque for that amount. The Applicant further says that the Respondent had no authority to request payment, continues to hold the rental proceeds and has failed to return the rent payment to the Applicant as custodian trustee despite repeated requests. Instead, it is said that the Respondent has asserted that she will take the rent t...

8. [2023] NZEmpC 191 Appleton v Tasman Cargo Airlines Pty Ltd [pdf, 311 KB]

   ...from Mr Appleton’s superannuation but the claim was not amended and only limited evidence on the point was given. [8] As Tasman Cargo operated a freight service,3 it was engaged in commercial operations that required authorisation in the form of an Air Operator’s Certificate from CASA. [9] In order to obtain that Air Operator’s Certificate, Tasman Cargo had to produce Standard Operating Procedures (SOPs) covering its operation that were satisfactory to CASA. Its S...

9. Brebner & Anor v Collie & Anor [2013] NZWHT Auckland 23 [pdf, 113 KB]

   ...with cl 11.6.1 of NZS 3604: 1999. This requires joints between windows and cladding to be made weatherproof by a combination of various options that are set out in the Standard. [17] Mr Josephson argues that cl 11.6.1 of NZS 3604 is performance based rather than prescriptive. Therefore the absence of flashings and other issues noted in the report with respect to the windows does not identify a breach of cl 11.6.1 because these components are not mandatory, rather they are...

10. XKL v Corrections [2024] NZHRRT 24 [pdf, 120 KB]

    ...v Corrections [2024] NZHRRT 24. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 24 I TE TARAIPIUNARA MANA TANGATA REDACTED DECISION OF TRIBUNAL1 2 [2] In February 2022, XKL made an information privacy request under the Privacy Act 2020 (the Act) to Corrections for CCTV and on-body camera (OBC) footage of an incident during a search of XKL by a Corrections officer. [3] Corrections refused XKL’s request. XKL subsequently filed a claim th...