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1. Proactive release - Proceeds of Crime Fund: the future of the Fund [pdf, 1.2 MB]

   ...of restraining assets are likely to fluctuate each year depending on Police operations however, 40 The agency responsible for administering the fund meets the administrative costs from within baselines. 41 At current levels of activity, 8 9 Human Rights 42 The proposal is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative Implications 43 Legislation will not be required....

2. [2018] NZEnvC 238 Fitzgerald v Kaikoura District Council [pdf, 1.8 MB]

   ...consent authority asbuilt plans of all new serves, prior to issuing the 224 certificate to demonstrate compliance with the above conditions. Archaeological Matters 25. Where during excavation or land disturbance, any archaeological artefact or human remains are accidentally discovered, work shall cease immediately and the consent holder must consult with a representative ofTe Runanga 0 Kaikoura and Heritage New Zealand (and the Police in the case of human remains), to determine what...

3. Jones v Waitemata District Health Board [2014] NZHRRT 52 [pdf, 84 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2014] NZHRRT 52 Reference No. HRRT 009/2013 UNDER THE PRIVACY ACT 1993 BETWEEN MICHAEL JOHN JONES PLAINTIFF AND WAITEMATA DISTRICT HEALTH BOARD DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr BK Neeson, Member REPRESENTATION: Mr TW Harvey, agent for Mr Jones Mr A Finnie and Ms A Mark for defendant DATE OF HEARING: 29 and 30 September 2014 DATE...

4. LCRO 13/2019 RA v LO (23 September 2019) [pdf, 146 KB]

   ...interactions with their client and others are managed with dignity,3 a lawyer should not have need to resort to professional conduct rules for guidance. It has been noted, that “you would have thought it axiomatic that a lawyer, no different from all human beings, should be courteous in his or her dealings with other people as a matter of course”.4 [39] Complaint that Ms LO behaved discourteously to Ms RA, is linked in part to accusation that Ms LO pressured Ms RA to sign the u...

5. [2020] NZEmpC 219 Ward v Concrete Structures (NZ) Ltd [pdf, 282 KB]

   ...IMPROVEMENT IS REQUIRED: NEEDS TO GET ON TOP OF HEALTH ISSUES & EVERYTHING ELSE WILL GO AWAY – BRING BACK THE OLD [MR WARD]! [5] Mr Romanes and Mr Chris Mackie, the company’s plant health and safety manager (who was also responsible for human resource management), convened a meeting with Mr Ward on 11 July 2016. Mr Mackie took a file note of what transpired: [Mr Ward] stated he isn’t happy with the way things are going for him at [the company]. He isn’t sure that h...

6. [2021] NZEnvC 003 Reid v Bay of Plenty Regional Council [pdf, 1024 KB]

   ...conclude on the basis of wind direction that there had been a breach of the resource consent. He concluded: Overall Mr Reid presents a generic approach to what is, on a site basis, a complex interplay of a number of related natural drivers and human activities and hence has limited value to determining if the AAQS will be breached.39 37 Counsel for the Council legal submissions, paragraph 21.9. 38 Counsel for the Second Respondent legal submissions, paragraphs 30 and 31. 39 Evide...

7. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...recognition of her errors, reduced fees were discussed. [36] Mr Logan acknowledged that the daughter was not eligible for a dependent child visa. Ms Proudman inadvertently misinterpreted the “dependent child” definition. This was a simple human error. It was out of character. She had a consistent record of positive results for her clients. It came about during a particularly busy period due to 7 staff shortages. She was very remorseful and had put in place processes t...

8. [2021] NZREADT 54 – Complaints Assessment Committee 2106 v Mathers (6 December 2021) [pdf, 257 KB]

   ...in a manner that facilitated the resolution of the issues that were the subject of the proceedings. ... [12] In Commissioner of Police v Andrews, the High Court was concerned with the almost identical costs provision for proceedings before the Human Rights Review Tribunal (the HRRT).1 The HRRT had declined to award costs in favour of the Commissioner of Police against the unsuccessful claimant. It had rejected the traditional civil litigation approach of ‘costs follow the event...

9. Rhodes v Accident Compensation Corporation (Personal Injury) [2022] NZACC 194 [pdf, 218 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. [31] In Milne,2 the appellant claimed cover for a l...

10. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

    ...issue were really holidays. Did Ms McKay work while on holiday? [25] Ms McKay says she was a full-time salaried employee who worked well over 40 to 50 hours per week. She undertook a wide range of roles and responsibilities including: (a) human resources/recruiter (Wanaka Sun and Wanaka Pharmacy); (b) payroll (Wanaka Sun and Wanaka Pharmacy); (c) social media manager (Wanaka Sun and Wanaka Pharmacy); (d) rostering Staff (Wanaka Pharmacy); (e) website editor (Wanaka Su...