Search Results

1. [2012] NZEmpC 39 Imperial Tobacco New Zealand Limited v Pereira [pdf, 113 KB]

   ...Ross, waved his finger at him and verbally assaulted him by saying, “I can see what‟s going on here now” remarking to Mr Chote “this little shit has been in your ear.” [5] Imperial Tobacco‟s factory manager, Mr Mike McInnarney and the human resources manager, Ms Patricia Wylie, proceeded to conduct a disciplinary investigation. After carrying out preliminary interviews they notified Mr Pereira of three additional allegations, apart from the 14 March 2011 incident, and...

2. [2015] NZSSAA 103 (22 December 2015) [pdf, 53 KB]

   ...the Canada Pension Plan. This is because the Canada Pension Plan payments are related to the amount of wages received and contributions paid over a lifetime. They are not based on need or hardship. The appellant submits that the decision of the Human Rights Review Tribunal (HRRT) in Heads v Attorney General3 [18] In Heads the HRRT was considering whether a restriction on receiving earnings- related compensation following the death of a spouse by accident, in circumstances where the rec...

3. Hardy v CAC 302 [2016] NZREADT 52 [pdf, 149 KB]

   ...the agency’s policies and processes support the training and management of licensed salespersons, but submit that these policies without more are not sufficient to comply with s 50. They concluded by submitting: Barfoot & Thompson needs human actors to draft policies and manuals but also to carry out the day-to-day active supervision of salespeople. Obviously salespeople experiencing issues with a transaction need a person that they can turn to for advice. Their work need...

4. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...8. New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group[5] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or distasteful. In reaching this decision, the...

5. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   1 (1) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 28 Reference No. HRRT 068/2016 UNDER THE PRIVACY ACT 1993 BETWEEN SIMON COOPER PLAINTIFF AND HAMILTON PHARMACY 2011 LIMITED DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson REPRESENTATION: Ms AV Twaddle for plaintiff Ms J Forrest for defendant...

6. Te Ture Whenua Maori Succession Dispute Resolution and Related Matters [pdf, 133 KB]

   ...iwi or hapū in determining whether a whāngai child is eligible to succeed to interests in Māori freehold land. Whāngai – limitation to s 19 11. Section 19 of the Bill of Rights Act prohibits discrimination on the grounds contained in the Human Rights Act 1993. One of those grounds is family status, which includes “being a relative of a particular person”.5 The definition of relative includes someone who is related by “blood, marriage, civil union, de facto relationship,...

7. Guo v PwC (Non-Party Discovery - Oral Hearing) [2020] NZHRRT 51 [pdf, 208 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 51 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 024/2016 UNDER THE PRIVACY ACT 1993 BETWEEN YAN GUO PLAINTIFF AND PRICEWATERHOUSECOOPERS DEFENDANT TRIBUNAL: Rodger Haines ONZM QC, Chairperson REPRESENTATION: Ms Y Guo in person assisted by Ms Li Yan (her mother) as McKenzie friend Mr TL Clarke for defendant Ms HC Stuart for CityMed Medical Centre Ltd (non-party)...

8. The Pae Ora (Healthy Futures) Bill [pdf, 179 KB]

   ...amounts to an unreasonable search in terms of s 21 of the Bill of Rights Act. Section 19 – Freedom from discrimination 20. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993 (the Human Rights Act). The key questions in assessing whether there is a limit on this right are:4 2 See Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 (SC). 3 We discuss these offences further below at para 30 to 37 in...

9. [2022] NZEnvC 190 Marine Farming Association v Marlborough District Council [pdf, 610 KB]

   ...change, the rise in global temperatures must be kept to less than 2 degrees Celsius above pre-industrial levels. There is now strong evidence that most of the warming observed is attributable to increased concentrations of greenhouse gases produced by human activities. As more gases accumulate in the atmosphere, the Earth gets warmer, resulting in rising sea temperatures and levels, the melting of glaciers and ice caps and greater extremes in weather patterns, such as more storms of greate...

10. [2023] NZEnvC 164 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 258 KB]

    ...necessary to: (a) ensure that REPL complies with the RMA and other applicable regulations and standards (including Rule 3.5.5.3 of the Waikato Regional Plan); and (b) address the immediate threat to the environment and the identified risks to human health. 11 In light of his dealings with REPL over the past twelve months, Mr Lynch was of the opinion that REPL will not willingly meet its legal obligations to comply with the RMA and that REPL must be compelled to do so. Mak...