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1. [2018] NZEnvC 116 Kumeu Property Limited v Auckland Council [pdf, 8 MB]

   ...deposited dust beyond the subject site as a result of the earthworks activity that in the opinion of the Team Leader - Northern Monitoring, is noxious, offensive or objectionable. Mana Whenua 14. If, at any time during site works, potential koiwi (human remains), archaeology or artefacts are discovered, then the following discovery protocol is to be followed: (a) All earthworks will cease in the immediate vicinity (at least 10m from the site of the discovery) while a suitably qualifie...

2. Proactive release - Electoral Amendment Bill and Referendums Framework Bill [pdf, 2.1 MB]

   ...Bill will have no or only minor impacts on businesses, individuals or not-for- profit entities. 79. The Ministry of Justice will develop a RIA to accompany the policy decisions on the regulatory regime governing referendum advertising and expenses. Human Rights 80. The proposals in this paper do not limit any rights or freedoms provided in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. 12 4us110oq65 2019-06-07 08:41:38 s9(2)(g)(i) s9(2)(g)(i) s9(2)(g)(i) s9(2)...

3. Electoral-Voting-Age-Legislation_FINAL.pdf [pdf, 6.6 MB]

   ...I N C O N F I D E N C E 4us110oq65 2022-12-02 13:08:31     63 In addition, some 16- and 17-year-olds living overseas may also qualify; officials have not been able to estimate the size of this population in the time available. Human rights 64 This Bill is intended to be considered alongside the DOIs relating to the New Zealand Bill of Rights Act. Officials consider the proposal to keep the eligibility age for candidacy and jury service at 18 will require justificat...

4. BORA Parihaka Reconciliation Bill [pdf, 4.3 MB]

   ...of people at Parihaka. The Crown, empowered by those Acts, at various times suspended the ordinary course of law, breached natural justice, indemnified people for actions taken in excess of legal powers, or deprived the people of Parihaka of basic human rights. Those Acts were- 3 PCO 20592 v 2.10: 27 July 2017: 4:37 p.m. Te Pire Haeata Id Parihaka cl 4 Parihaka Reconciliation Bill (a) the Maori Prisoners' Trials Act 1879 (repealed 1891), which empowered the Governor to set o...

5. [2010] NZEmpC 60 Maritime Union of NZ v C3 Ltd [pdf, 28 KB]

   ...nor the employee can properly resent the exercise of the Court’s equity and good conscience jurisdiction if they seek to press a technical point; assert, without demonstrating real prejudice, a rigid reliance on the pleadings; take advantage of human error or, generally speaking, endeavour to repudiate an agreement or promise duly acted upon. In such circumstances, the Court has the power, if not the obligation, to seek to achieve justice between the parties according to the equity an...

6. AZ v MX [2015] NZIACDT 75 (22 June 2015) [pdf, 130 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

7. ENVC Hearing 6Oct14 DM expert Paul Monin [pdf, 159 KB]

   ...of buying out successors to the original owners. The descendants of these successors are the mana whenua most closely connected with the foreshore at Matiatia that is affected by the marina proposal. 12. It is possible that some of the koiwi (human remains) found at various times on Matiatia’s northern beach belong to this whanau of Ngati Paoa. 13. However, the conversion of Ngati Paoa to Christianity in the 1830s led them to adopt more-delineated, English style cemetery plots o...

8. ENVC Hearing 6Oct14 DM local Sue Fitchett [pdf, 94 KB]

   ...activity occurs are more likely to leave the area entirely rather than relocate to man-made nesting boxes. (e) Penguins generally take more than 12 months to settle into new man-made nesting sites. Those sites need to be located away from possible human and animal (particularly dog) interference. (f) For new nesting sites to be successful, Little Blue Penguins first need to be encouraged to breed in nesting boxes by blocking off their existing burrows and placing a nesting b...

9. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

10. [2015] NZEmpC 106 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 94 KB]

    ...disclosure and inspection. It says that the plaintiff’s proposed applications for a further disclosure or particular disclosure are “unnecessary or undesirable or both”. [11] The defendant’s opposition is supported by an affidavit of its Human Resources Manager, Marie Park, sworn on 30 June 2015. Ms Park deposes to the plaintiff failing or refusing to comply with earlier disclosure orders made against her by the Court. In particular, the defendant says that the plaintiff...