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1. Hutt City Ltd & Anor v CAC 20002 & Anor [2013] NZREADT 109 [pdf, 127 KB]

   ...to have reserve backups in their own office when that is available 5 to 15 minutes away by car. In any case, the necessary and proper systems, with training systems, were in place but, perversely, a normally sensible real estate agent succumbed to human pressure from purchasers and prematurely handed over keys to the property on good faith. [47] We note that the Committee felt obliged to find that there was little evidence adduced to it to show that supervision or support was provided...

2. [2013] NZEmpC 15 Vulcan-Steel Ltd v Wonnnocott [pdf, 125 KB]

   ...he so conducted himself that he can reasonably be taken to have consented to an extension of time. [28] In the Hawkins case, the Court of Appeal confirmed that it was “almost inconceivable” that the employer’s representatives, including a human resources adviser, would have been unaware of the 90 day time limited and yet “there was no red light to [the grievant] – nor even an orange showing – with respect to time.” [29] As the Court of Appeal noted in Hawkins at [25...

3. Director of Proceedings v Thomson [2015] NZHRRT 5 [pdf, 293 KB]

   (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON, HER PARTNER AND HIS MOTHER (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 5 Reference No. HRRT 005/2014 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND NATASHA THOMSON...

4. LCRO 230/2015 ZM v LG [pdf, 123 KB]

   ...he had been domiciled in the European Union for several years; (d) no New Zealand based counsel he had contacted would agree to represent him because of his prior involvement with Mr GM; and (e) he invoked article 6 of the European Convention on Human Rights which, says Mr ZM, protects his right to a public hearing, and the right to access legal representation. [46] Mr ZM appears to be advancing argument that his difficulties in obtaining legal representation should provide him wi...

5. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

   ...EMPC 7/2017. This proceeding is a challenge to the lawfulness of the record of settlement referred to in this judgment and the minute was a requirement for pleadings to comply with the Employment Court Regulations 2000. proceeding in the Human Rights Review Tribunal, which had a due date of 3 March 2017. She intended to provide certain papers to Mr Lloyd relating to EMPC 7/2017 and the Human Rights Review Tribunal case. He was about to go on leave and a decision about him ac...

6. Disclosure Statement Criminal Cases Review Commission Bill [pdf, 300 KB]

   ...generally expected to be available on the Ministry of Justice’s website upon introduction of a Bill. Such advice, or report, will be accessible on the Ministry’s website at https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill- of-rights-compliance-reports/ https://www.justice.govt.nz/justice-sector-policy/constitutional-issues-and-human-rights/bill-of-rights-compliance-reports/ https://www.justice.govt.nz/justice-sector-policy/constitutional-issu...

7. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [pdf, 220 KB]

   ...6 inappropriate to label Mr Liu’s advice as negligent or lacking in due care, pursuant to the test set out in Mercado.2 An error in the course of providing professional advice may not breach a professional standard if it is an excusable human error.3 In this case, Mr Liu overlooked what other competent and diligent advisers would have overlooked. The common experience in this type of work is that visas are issued on the date when they are communicated. [25] In support, th...

8. JM v Minister for NZSIS (Application for Non-Publication Orders) [2022] NZHRRT 32 [pdf, 182 KB]

   ...in breach of the Privacy Act 1993 (PA) as a result of the lack of timeliness in, and the nature of, the Minister’s 1 [This decision is to be cited as JM v Minister for NZSIS (Application for Non-Publication Orders) [2022] NZHRRT 32.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 32 I TE TARAIPIUNARA MANA TANGATA 2 responses to JM’s requests for his personal information under information privacy principle (IPP) 6. The Minister generally denies any interference wit...

9. 1. JWS 1 - JWS of Planning Experts dated 8 March 2022 [pdf, 274 KB]

   ...effects on water bodies, ecosystem services, and biodiversity are largely similar in intent and application and that the Chapter 25 matter is broader than the PC8 matter. 25. FB considers that the PC8 matter is broader as it relates to natural and human use values in addition to ecological and water quality matters. 26. CH, MB, FB agree that the PC8 matter regarding Kāi Tahu cultural and spiritual beliefs, values, and uses is broader than the Chapter 25 matter regarding cultural, heri...

10. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

    ...[44] Mr Christieson has an arguable case for reinstatement. Does the balance of convenience favour interim reinstatement? [45] Mr Christieson has given evidence of the effect on him of the dismissal and his absence from the workplace. 12 A human resources consultant. [46] This is a challenge regarding an interim reinstatement application and it is necessary to balance the extent to which the effect of his continuing absence from the workplace cannot be rectified if he...