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1. Director of Proceedings v Tui Medical Ltd [2021] NZHRRT 44 [pdf, 517 KB]

   ...Heard on the papers DATE OF DECISION: 20 September 2021 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Tui Medical Ltd [2021] NZHRRT 44. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 44 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 31 August 2021. [2] Prior to the filing of the proceedings the par...

2. Preventing the prison pipeline Professor Ian Lambie report [pdf, 223 KB]

   ...TO PREVENT ENTRY TO THE PRISON PIPELINE Cost-benefit ratios clearly support the argument for early intervention programmes as key in persuading governments to adopt evidence- based criminal justice early intervention policies to prevent downstream human and economic costs (Welsh & Farrington, 2015; Vanlandingham & Drake, 2012). However, there are no quick-fix solutions to the problems facing justice systems globally. What we need are medium to long- term changes so as to redirec...

3. McCarthy v Accident Compensation Corporation (Personal Injury) [2022] NZACC 213 [pdf, 205 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [18] In Johnston,1 France J stated: [11] It is co...

4. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...which and the context in which they are used. In this case that sense must be considered in terms of the objectives and policies of Section 8 of the District Plan. The relevant objectives seek the minimisation of the risk of natural hazards to human life and the natural and built environment by, among other policies, controlling or preventing the establishment of activities which have the potential to increase the extent to which natural hazards have or may have an adverse effect on...

5. OIA-121215.pdf [pdf, 1.4 MB]

   ...potential implications of the recommendations sitting within the Justice portfolio. 12. The recommendations include proposed amendments to, or review of, the Crimes Act 1961, the Criminal Records (Clean Slate) Act 2004, the Evidence Act 2006, the Human Rights Act 1993, the Legal Services Act 2011, the Limitat on Act 1950, the Limitation Act 2010, the New Zealand Bill of Rights Act 1990, the Sentencing Act 2002, and the Victims’ Rights Act 2002. Your direction is sought on the...

6. [2022] NZEnvC 67 Otago Regional Council - Further Decision on Primary Sector Provisions (Rural) [pdf, 2.2 MB]

   ...part Policy 7.D.5 80090 80090.06 Federated Farmers of New Zealand - Otago and North Otago Provinces Support in part Amend Policy 7.D.5 as follows: (a) The effects, including cumulative effects, of the discharge on water quality and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and any receiving water; and (c) The quality and performance of the di...

7. [2022] NZEnvC 067 Otago Regional Council [pdf, 1.4 MB]

   ...part Policy 7.D.5 80090 80090.06 Federated Farmers of New Zealand - Otago and North Otago Provinces Support in part Amend Policy 7.D.5 as follows: (a) The effects, including cumulative effects, of the discharge on water quality and natural and human use values, including Kāi Tahu cultural and spiritual beliefs, values and uses; and (b) The physical characteristics and any particular sensitivity of the land and any receiving water; and (c) The quality and performance of the di...

8. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...Tātarahake No 1 for the public. He also contended that the Council’s offer to the trustees would assist them in the stewardship of the urupā. He reiterated that any further work that may be needed would not disturb the subsoil or damage the human remains that may lie around or under the easement. [26] Mr McKenzie also stated that the existing road has been used, either as a track or as a formed road since at least the 1950s. He was unable to clarify whether the construction o...

9. BORA Criminal Justice Reform Bill [pdf, 398 KB]

   ...that s 6 of the Sentencing Act and s25(g) of the BORA related only to the maximum penalty[3] that could be imposed http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/criminal-justice-reform-bill#2 for the generic offence, and did not extend to the individual sentence that might have been imposed on a particular offender.[4] 10. Applying the conclusion of the majority...

10. Transcript of speeches KG Smith [doc, 91 KB]

    ...he has long since grasped. He would never be described as intemperate or of taking an unreasonable point with anyone on any issue. Having been in partnership with Judge Smith for 20 years, what stands out for me is his decency, his kindness and his humanity in all that he has done. He has been a strong stabilising influence. One important contribution that he has made has been to support women in our firm, two of his team having progressed to partnership with his full support including from...