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1. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...unjustifiable dismissal. [42] This resolves the preliminary issue and means Mr Saipe’s challenge is unsuccessful. However, for completeness I make the following observations. 12 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) at [36]. 13 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14 at [18]. 14 Blue Water Hotels Ltd v VBS, above n 2, at [21]. The letter of 26 November was effective when it was delivered [43] If the personal grievance had b...

2. Justice Statistics data tables - notes and trends June 2019 [pdf, 381 KB]

   ...charged and people discharged without conviction.3 Unfit to stand trial and not guilty by reason of insanity In 2018/2019, 180 people were found 'unfit to stand trial' because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). There are a wide range of offence types for which people are found unfit to stand trial. The most common offence type (as the person's most serious offence) was assault...

3. Justice Matters - issue 14 - April 2019 [pdf, 4.5 MB]

   ...rights and justice, and several countries commended us for establishing our international Human Rights Governance Group,” he says. “The main themes discussed were indigenous people’s rights, women’s rights, violence against women, as well as disability issues, migration and refugees. Delegates from other member states were constructive in their feedback to New Zealand. The delegation also included new Ministry Chief Executive, Andrew Kibblewhite. He met with Michelle Bachele...

4. The Waitangi Tribunal Strategic Direction in 2020 [pdf, 7 MB]

   ...2500) Interlocutory proceedings are under way in preparation for the final round of hearings. Health Services and Outcomes (Wai 2575) Following its report on primary healthcare issues, the Tribunal is preparing to hear the claims of Māori with disabilities. Marine and Coastal Area (Takutai Moana) Act (Wai 2660) The Tribunal is currently hearing claims concerning the legislation on Māori foreshore and seabed rights. Housing Policy and Services (Wai 2750) The Tribunal has prioritised M...

5. Justice Statistics data tables - notes and trends December 2019 [pdf, 183 KB]

   ...discharged without conviction were aged under 20 years. Unfit to stand trial and not guilty by reason of insanity In 2019, 159 people were found 'unfit to stand trial' because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). There are a wide range of offence types for which people are found unfit to stand trial. The most common offence type (as the person's most serious offence) was assault...

6. [2021] NZEmpC 201 Cronin-Lampe v Board of Trustees of Melville High School [pdf, 269 KB]

   ...“covered by [the] Act” must therefore refer to whether the matter relates to a question provided for by the Act. For example, proceedings relating to or arising from damage to property, a term of any contract, a personal grievance, the Health and Disability Commissioner Act 1994 or the Human Rights Act 1993 are not matters “covered by [the] Act.” [29] The Supreme Court went on to conclude that the purpose of the section was to channel “disputes about decisions made under...

7. [2023] NZEnvC 056 Waikanae Land Company Limited v Heritage New Zealand Pouhere Taonga [pdf, 397 KB]

   ...qualifying matters': the power can only be used to make medium density residential standards (IVIDRS) "less enabling of development". \v'LC will submit the new wahi tapu listing goes far beyond making MDRS less enabling. The listing disables the underlying residential zoning of the land. \X/LC will submit that the correct process for introducing a change of this sort would be a regular plan change, rather than an IPI. 8. Given the Court's broad declaratory juris...

8. [2022] NZACC 78 – Hookway v ACC (5 May 2022) [pdf, 216 KB]

   ...26 September 2018, Dr Ratahi reported further that Mr Hookway’s diagnosis in relation to the injury on 9 July 2018 was “multilevel foraminal stenosis, most significant at C5/6 and C6/1”. Dr Ratahi advised that he considered Mr Hookway’s disability and capacity a result of “symptomatic cervical foraminal stenosis”. Dr Ratahi recorded that Mr Hookway reported radicular symptoms, affecting his left upper limb, consistent with stenosis, at the time of his examination. In te...

9. Justice Statistics data tables - notes and trends June 2022 [pdf, 243 KB]

   ...people were aged under 20 years, and 60% were aged under 30 years. Unfit to stand trial and not guilty by reason of insanity In 2021/2022, 185 people were found unfit to stand trial because of a current mental impairment (such as intellectual disability, mental disorder or mental illness such as dementia). This decreased by 14% compared to 2020/2021. There are a wide range of offence types for which people are found unfit to stand trial. The most common offence type (as...

10. [2021] NZACC 91 - Razek v ACC (29 June 2021) [pdf, 176 KB]

    ...and (d) The likelihood the treatment of the kind that was given would have the adverse consequence is rare (as defined in subsections (3) and (4)). [53] One of the severe adverse consequences defined in s 37(2) is: (c) Suffering significant disability lasting more than 28 days in total. [54] Section 37(3) defines “rare” as “only if the probability is that the adverse consequence would not occur in more than 1% of cases in which the treatment is given”. [55] The...