Search Results

1. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...called a site manager, project manager or a developer does not matter. The duty is attached to the function in the development process and not the description of a person. [18] The claimants allege that it was Mr McLachlan who was the human being who on behalf of Hanley Hall took responsibility for the direction and supervision of the development of this dwelling. Ms Dunworth submitted that the claimants were not intending to “pierce the corporate veil” in that their...

2. Teina Pora inflation adjustment [pdf, 185 KB]

   ...compensation payment [STR (98) M 39/6]. 38. The Ministry of Justice is not funded for any ex gratia or compensation payments and is unable to make any cost reductions to absorb this payment. The payment will be a charge against the general contingency. Human rights 39. The proposed compensation package is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 40. There are no legislative implications. Regulatory impact...

3. BORA Education (Update) Amendment Bill [pdf, 148 KB]

   ...Accordingly, we consider that the Bill does not limit religious freedom. Section 19(1) – Freedom from discrimination 13. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds in the Human Rights Act 1993. Those grounds include religious and ethical belief. 4 Section 19(2) contains a qualification against the prohibition against discrimination. It provides that measures taken in good faith, to assist or advance persons or...

4. [2017] NZSAAA 04 (10 October 2017) [pdf, 232 KB]

   ...repeats the comments made by the Secretary on review to the effect that neither the review process nor the Student Allowance Appeal Authority are appropriate vehicles for dealing with issues of this sort. Furthermore, the Ministry points out that the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 are not “supreme law” and do not override “other, conflicting legislation”. In response to the appellant’s criticism of the review process as unfair the Ministry si...

5. Criminal Cases Review Commission Bill - Redacted [pdf, 221 KB]

   ...Representatives. 21. We have sought to incorporate this approach in the drafting of cl 28 of the Bill. The framing of this clause is also based on broadly comparable powers in the governing legislation for investigative bodies like the IPCA and the Human Rights Commission,1 but tailored to the CCRC’s specific operating context. The power to conduct thematic inquiries has financial implications 22. For completeness, and as indicated above, we also note that additional resourcing will...

6. Maritime Powers Bill [pdf, 151 KB]

   ...Rights Act. Section 22 – Liberty of the person 32. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.12 33. Where an enactment is inconsistent with s 22, there can be no role for justification under s 5. The term “arbitrarily” is intended to provide a measure of the reasonableness of statutory powers,1...

7. [2023] NZEnvC 030 Te Rūnanga o Kaikōura v Marlborough District Council [pdf, 1.3 MB]

   ...New provision in Chapter 4 to recognise existing uses of natural and physical resources. The New Zealand King Salmon Company Limited New provisions to recognise: • that the qualities of the Marlborough Sounds have been altered by past human activities; • that the choice whether or not to use natural and physical resources have consequences; • that limiting development has a trade-off; • existing uses of natural and physical resources; New provisions to: • i...

8. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...five days before check-in. Had they allowed DI to cancel the booking for a refund they will suffer a significant loss as this was the busy Christmas period. 21. MB explained that the booking system runs on an automated platform and there is no human element to it. If an error occurs, the customer will know and the booking will not be accepted. In this particular case, MB says the IT logs were checked and no issue was identified. He says if a system issue occurred it would not impact...

9. Lawson v Intended Defendant (No. 2) (Extension of time to commence proceedings) [2023] NZHRRT 33 [pdf, 193 KB]

   ...(Extension of time to commence proceedings) [2023] NZHRRT 33.] 2 In this case notice was given under PA, s 98(3) that the Privacy Commissioner, having commenced an investigation, decided not to further investigate the complaint or matter. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 33 I TE TARAIPIUNARA MANA TANGATA 2 on 30 March 2022. Accordingly, a jurisdictional issue arises as Miss Lawson’s claim was lodged after the prescribed six-month limitation period. [3] Mi...

10. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69 [pdf, 252 KB]

    ...alleging the Ministry for Primary Industries (MPI) interfered with her privacy on 23 June 2021. Ms Wild’s claim alleged MPI breached 1 This decision is to be cited as Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 69 I TE TARAIPIUNARA MANA TANGATA Reference No. HRRT 046/2021 UNDER THE PRIVACY ACT 2020 BETWEEN LEE CINDY WILD PLAINTIFF AND MINISTRY FOR PRIMARY INDUSTRIES - MANATŪ AHU MATUA D...