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1. Payne v CAC 20005 & Ors [2014] NZREADT 1 [pdf, 152 KB]

   ...home being sold far too cheaply and on a ridiculous basis of sight unseen, or house uninspected by any prospective purchaser, the agents did not cause that situation and were merely doing their duty. However, they had become involved in a real-life human drama with an unusual and financially foolish stance being taken by 13 the appellant. He should have been treated with respect rather than as an obstacle. It is rather heart-warming that the purchaser, who financially reaped t...

2. Steele v Board of Trustees of Salisbury School [2012] NZHRRT 20 [pdf, 83 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 20 Reference No. HRRT 022/2011 IN THE MATTER OF A CLAIM UNDER THE PRIVACY ACT 1993 BETWEEN MARCUS JAMES STEELE PLAINTIFF AND BOARD OF TRUSTEES OF SALISBURY SCHOOL DEFENDANT AT NELSON BEFORE: Mr RPG Haines QC, Chairperson Ms J Grant MNZM, Member Ms S Ineson QSM, Member REPRESENTATION: Mr Steele in person Mr DM O’Neill for Defendant DATE OF HEARING: 16 December 20...

3. [2018] NZEmpC 9 Lyttelton Port Co Ltd v Arthurs [pdf, 297 KB]

   ...opinion that Mr Arthurs had ongoing psychological issues from the trauma relating to the death he witnessed of his workmate. Mr Arthurs says this letter was provided to LPC. However, it did not make its way to Mr Arthurs’ manager or to the human resources advisors at LPC and they were unaware of it at the time. [11] Then, in August 2014, a friend and colleague of Mr Arthurs was killed in another accident at LPC. Mr Arthurs was not at work at the time of the accident b...

4. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...types of orders provided for in Part 2 raise a number of potential issues under the BORA. We note also that similar regimes for the forfeiture of proceeds of criminal activity in comparable jurisdictions have been subject to challenge on a range of human rights-related grounds. We have therefore considered the full range of potential issues in light of relevant New Zealand jurisprudence and that from comparable jurisdictions. Section 9 - cruel, degrading, or disproportionately severe trea...

5. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

   ...Purposes: Day: Means number of hours an employee normally works each day. … [11] Appendix 2 to the CEA was a document dated 3 May 2013, described as terms of settlement; it took the form of a letter from Mr Luke Southorn, director, human resources, to Mr Ian Gordon, a PSA national organiser. It contained details as to a series of issues which had been agreed at negotiations the previous day. Included was this statement: Leave 19. Retiring Leave Employees...

6. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...compensation payment [STR (98) M 39/6]. 62. 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 63. The proposed compensation package is consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Legislative implications 64. There are no legislative implications. Regulatory impact ana...

7. BORA Border Security Bill [pdf, 72 KB]

   ...consider whether s 10 of the Crown Proceedings Act 1947 (UK), which exempted the Crown from liability in tort for injury suffered by members of the armed forces in certain circumstances, was compatible with Article 6(1) of the European Convention on Human Rights. [9] Their Lordships held that the Crown's exemption from liability in tort was a matter of substantive law, so that the claimant had no "civil right" to which Article 6(1) might apply. Their Lordships treated th...

8. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...ideas for reform have been put forward by submitters, including the Privacy Commissioner. Many of these ideas reflect emerging innovations in international privacy and consumer rights law, and aim to respond to new challenges to privacy and related human rights in the data driven age. These ideas include new rules on the de-identification and reidentification of personal information, a ‘right to erasure’, data portability, and algorithmic transparency. New Zealand ‘adequacy’...

9. [2019] NZEmpC 81 Emmanuel v Waikato District Health Board [pdf, 300 KB]

   ...situation raised questions as to whether she could be relied on in the future and impressed upon her the seriousness of the matter. [21] Ms Allison relayed what she says occurred at the meeting in an email the same day to the Waikato DHB’s Human Resources Consultant and to Ms Riggs, who is the Manager of Payments and Revenue at the Waikato DHB. [22] Mrs Emmanuel’s recollection of her meeting with Ms Allison was similar to that of Ms Allison. However, she says, when she was...

10. Tom De Pelsemaeker - Evidence in reply to supplementary evidence of TA's (21 May 2021) [pdf, 232 KB]

    ...water quality effects that can be considered.16 16 The policy and rule framework for managing effects on water quality are set out in Chapters 7, 9, 10 and 12 of the RPW, while Chapter 5 allows decision-makers to consider effects on natural and human use values, some of which are reliant on good water quality. As is the case with the framework for managing water quantity, the provisions for managing water quality do not ensure that natural and physical resources are managed in a...