Search Results

1. [2023] NZEmpC 25 Pilgrim v The Attorney-General [pdf, 174 KB]

   ...attendees, along with the number of recording devices, may increase the level of interference with residents’ privacy. [6] As I observed in my judgment dated 18 February 2023, a better understanding by the public can be promoted through a variety of formats, including long-form documentaries of the sort Warner Bros. is producing.5 That is one of the reasons why I granted Warner Bros.’ application to film during the trial. But attendance at a site visit by media differs from...

2. [2023] NZEmpC 27 Pilgrim v Attorney-General [pdf, 179 KB]

   ...issues, including the appropriate framework for dealing with the plaintiffs’ application given its timing. The Gloriavale defendants identified a number of concerns in respect of relevance and the likely burden of complying with the disclosure request. [2] I heard orally from Mr Henry, for the plaintiffs, and Mr Valor (for the Gloriavale defendants) this afternoon. It was common ground that the Court may order disclosure; the question is whether the Court should order disclosu...

3. [2022] NZEnvC 244 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 715 KB]

   ...agreeable to the directions sought. Evaluation [9] The court has considered QLDC's memorandum in conjunction with the s293 proposal, and the associated information and evidence filed. The court is therefore satisfied it is appropriate to make the requested direction to effect the changes sought to the PDP. Directions are made accordingly. Outcome [10] Under ss279(1)(b), 290(2) and 293 RMA, the s293 proposal for the Clutha River/Mata Au corridor is approved to the extent outli...

4. [2022] NZEmpC 212 Caisteal An Ime Ltd v A Labour Inspector [pdf, 196 KB]

   ...actions, concerns over safeguarding personal data that would be provided if the notice is complied with now, and allegations of breaches by the Inspector of the Act and the Privacy Act 2020. [9] In its application Caisteal confirmed that the documents requested by the Inspector in her notice exist but submitted that, without a stay, its challenge would be rendered ineffective. [10] The Labour Inspector filed a notice of opposition to the application for a stay in which she did no...

5. 20230113-Consistency-with-the-New-Zealand-Bill-of-Rights-Act-1990-Maori-Fisheries-Amendment-Bill.pdf [pdf, 161 KB]

   ...the principal Act. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 7. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right to freedom of expression has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.2 8. There are a several provisions...

6. Nuku v Police (Strike-Out) [2023] NZHRRT 1 [pdf, 94 KB]

   ...K Nuku on his own behalf Ms K Laurenson and Mr G Taylor for defendant DATE OF HEARING: On the papers DATE OF DECISION: 19 January 2023 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 BACKGROUND [1] On 9 June 2016, Mr Nuku made a request under the Privacy Act 1993 (Privacy Act) to the Police for access to a number of Crown and defence exhibits. Police provided some material but withheld other information under s 29 of the Privacy Act, including information relating to o...

7. Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Claims Settlement Bill [pdf, 962 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.4 Whether s 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause may be seen to raise the issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring ci...

8. [2022] NZEmpC 19 Kang v Saena Company Ltd [pdf, 175 KB]

   ...not be included. Beyond this point of objection, counsel for the plaintiff made it clear that the plaintiff was content to leave the matter in the Court’s hands. [8] The defendant says that the translation is likely to assist the Court and forms part of its overall case. [9] The document may be included in the bundle for hearing. If the translation and/or any other documents in the bundle prove to be unnecessary, then that can be taken into account when assessing costs. A...

9. [2022] NZEmpC 23 Courage v Attorney-General [pdf, 180 KB]

   ...with leavers, annexed to two affidavits filed on behalf of the Attorney-General. [5] The plaintiffs dispute the admissibility of the tables and interviews on the basis of relevance. The second, third and fourth defendants say that the interviews form an important part of the background and context and are likely to assist the Court in obtaining an overall picture of life at Gloriavale. [6] The starting point in determining disputes as to what material should and should not be put...

10. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Quinn McIntyre - 22 March 2022 [pdf, 323 KB]

    ...ENFORCEMENT ACTION [6] Ms Heather at [22] of her reply appears to be concerned that QLDC are not taking enough action when it comes to enforcement with respect to discharges that breach either the limits imposed in consent conditions or included as Performance Evidence of Quinn McIntyre 22 March 2022 Page 2 of 4 Criteria in the Water Quality section of EMPs. I have some sympathy for this statement but the situation is more complex than it first appears. [7] I can think of ex...