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1. D Ltd v G Ltd [2024] NZDT 448 (5 June 2024) [docx, 268 KB]

   ...goods? 11. D Ltd acquired the goods for re-supply in trade, as gifts for its staff and customers. 12. The [food] was recalled due to undercooking and the detection of listeria bacteria, which can cause serious illness. 13. The [food] were not fit for human consumption, thereby are deemed as ‘perished’ pursuant to the CCLA. 14. The Food Safety Recall Notice was compulsory and advised that the product was not to be consumed and should be returned for a full refund. 15. Accordingly, th...

2. Taylor v Corrections [2018] NZHRRT 35 [pdf, 308 KB]

   ...ensure that prisoners and community based offenders comply with the sentences and orders imposed by the courts and the Parole Board. The Department and its staff are tasked with ensuring those sentences and orders are administered in a safe, secure, humane and effective manner, with the paramount consideration being public safety. The Department is also tasked with providing information to the courts and the Parole Board to assist them in decision-making. [36] At the time of the hearin...

3. Marshall v IDEA Services Ltd (Privacy Act) [2020] NZHRRT 13 [pdf, 353 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 13 Reference No. HRRT 015/2017 UNDER THE PRIVACY ACT 1993 BETWEEN EAMON HENNING MARSHALL PLAINTIFF AND IDEA SERVICES LIMITED DEFENDANT AT NAPIER BEFORE: Mr RPG Haines ONZM QC, Chairperson Ms GJ Goodwin, Deputy Chairperson Ms LJ Alaeinia JP, Member Mr MJM Keefe QSM JP, Member REPRESENTATION: Mr GW Marshall as agent for his son Ms I Reuvecamp for defe...

4. [2009] NZEmpC CC 8/09 Safe Air Ltd v Walker [pdf, 56 KB]

   ...and was subsequently appointed to a position with Safe Air as a stores person. [7] Before he started work, Mr Walker was given an extensive induction programme spread over 2 days. This included a substantial component conducted by one of the human resources staff. In the course of that induction process, Mr Walker was made aware that the operations of Safe Air were subject to stringent requirements as to safety and security. He learned that the detailed policies of Safe Air relat...

5. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...to LSG. During the hearing of ARC 19/11, the defendant produced evidence which Mr Pollak submitted showed that most of the transferring employees from Pacific to LSG had their wages, outstanding leave and other entitlements inflated. LSG’s Human Resources Manager, Marie Park, gave evidence at the hearing before the Employment Court in ARC 19/11 and has provided affidavits in support of the present application by LSG. [10] Mr Pollak submitted that Mr Matsuoka is claiming, in ter...

6. Rafiq v Ministry of Business, Innovation and Employment [2013] NZHRRT 9 [pdf, 83 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 9 Reference No. HRRT 037/2011, 038/2011 & 039/2011 UNDER THE PRIVACY ACT 1993 BETWEEN RAZDAN RAFIQ PLAINTIFF AND CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr R Rafiq in person (no appearance) Mr S Cohen-Ronen for Defendant...

7. [2021] NZEmpC 59 Humphrey v Canterbury District Health Board [pdf, 242 KB]

   ...dismissed) is that the option identified in the Toogood report (namely the DHB bringing in professional support and assistance to try to rebuild the damaged relationships) has yet to be explored. The view expressed by a member of the DHB’s Human Resources team, that the relationship breakdown is too far gone, is based on a reading of the affidavit evidence filed by a number of colleagues who did not have the opportunity to reflect on the Toogood report’s findings; and which appe...

8. Independent review of intelligence and security - call for submissions [pdf, 951 KB]

   ...and balances contained in the Act to help ensure the NZSIS acts appropriately. For example:  The NZSIS Act sets out principles underpinning the NZSIS’s performance of its functions. These include acting in accordance with New Zealand law and human rights standards, independently and impartially, and with integrity and professionalism.  The Director of NZSIS must take all reasonable steps to ensure NZSIS only undertakes activities relevant to the performance of its functions, a...

9. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...JTI-MacDonald [2007] 2 SCR 610 at [42]–[45]. Section 19 - Freedom from discrimination 51. We note that there is scope for orders under this Bill to have disproportionate impacts on certain groups protected from discrimination under s 21 of the Human Rights Act 1993 (for example, the elderly, or people in one person households).14 52. We consider that the power to make orders that might apply differently to different groups is clearly justifiable on public health grounds; howeve...

10. Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5 [pdf, 326 KB]

    ...papers DATE OF DECISION: 8 February 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Bay of Plenty District Health Board [2022] NZHRRT 5. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 5 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 23 November 2021. [2] Prior to the filing of the proceedings the part...