Search Results

1. [2022] NZEmpC 97 Bowen v Bank of New Zealand [pdf, 201 KB]

   ...(a) made four unsuccessful applications in the Authority to remove the matter to the Employment Court;13 (b) been unsuccessful in respect of jurisdictional issues over whether her claim should proceed in the Employment Relations Authority or Human Rights Review Tribunal;14 (c) made unsuccessful interlocutory applications for preservation of evidence in the Employment Court;15 (d) unsuccessfully applied to the Employment Court for special leave to remove the matter;16 and (e)...

2. Amendments-to-the-list-of-Approved-Information-Sharing-Agreements-in-Schedule-2-of-the-Privacy-Act-2020.pdf [pdf, 839 KB]

   ...B Y TH E MIN IS TE R OF JU ST IC E I N C O N F I D E N C E Compliance 9 The Order complies with: 9.1 the principles of the Treaty of Waitangi; 9.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 9.3 the principles and guidelines set out in the Privacy Act 2020; 9.4 relevant international standards and obligations; 9.5 the Legislation Guidelines (2018 edition), which are maintained by the Legislation Design and...

3. [2021] NZEmpC 189 Lye v ISO Ltd [pdf, 178 KB]

   ...bargaining has stalled on the issue of an availability provision. MUNZ made an unsuccessful offer to ISO to attempt to deal with the availability provision proposed to be included in a collective agreement. Dean Carter, ISO’s General Manager Human Resources, acknowledged at the hearing earlier this year that the collective agreement ISO offered to MUNZ was very much in line with the individual employment agreement Mr Lye has with the company. No significant changes were being p...

4. ST v UF Ltd 2020 NZDT 1410 (17 June 2020) [pdf, 155 KB]

   ...liable...: "for any defect in a building or breach of warranty to the extent that the defect or breach is caused by any of the following that occurs during or after completion of the building work in question: (a) a cause independent of human control: (b) any act or omission, including accidental damage, by a person who is none of the following: (i) the building contractor: (ii) a subcontractor to the building contractor: (iii) a person for whom the building contractor is res...

5. Evidence-Digital-Video-Records-Amendment-Regulations [pdf, 1.4 MB]

   ...E MIN IS TE R OF JU ST IC E RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E I N C O N F I D E N C E I N C O N F I D E N C E 3 11.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 11.3 the principles and guidelines set out in the Privacy Act 2020 11.4 relevant international standards and obligations; and 11.5 the Legislation Guidelines (2021 edition). Regulations Review Committee 12 There are n...

6. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

   ...Pyne’s statement of claim, which was served one day before the last day for filing a challenge. [8] Having received the statement of claim Mr Purtill sought further advice from the company’s legal counsel and then sought additional input from a human resources manager and others within the organisation. He later gave instructions to seek leave to file a cross challenge out of time. An application for leave was filed nine days after the statement of claim was served on the co...

7. IU v KI & CI [2022] NZDT 111 (15 August 2022) [pdf, 207 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 7. The standard of care required of KI and CI is that of a reasonable person, of normal intelligence, making prudence as a guide to his/her conduct. The standard of care required is not that of a genius, nor a superhuman, nor a person with unusual powers of foresight. 8. I find that KI and CI were negligent for the following reasons: (a) Photographs show that the trees along the roadside, including the pine tree in question, are enormous. (b) T...

8. NJ Ltd v WJ Ltd [2022] NZDT 29 (25 February 2022) [pdf, 212 KB]

   ...nine days before the tenants vacated the property and it was found to be generally in a reasonable condition. After the tenants moved out, the agent returned to the property to find there was intentional damage done to premises. This included human and animal urine on the carpet, marked walls, soiled curtains and rubbish, including nappies. NJ contacted WJ for cover for losses. WJ determined that the insurance cover is only for some of the amount claimed by NJ. NJ disputes WJ’s...

9. Proactive Release Amendments to Lawyers and Conveyances Act (LPRR) [pdf, 1.1 MB]

   ...Regulatory Impact Analysis requirements on the basis that it has no or minor impacts on businesses, individuals, or not-for- profit entities. 4 I N C O N F I D E N C E ak1uc0av4w 2022-04-05 15:20:22 Proa cti ve R ele as e I N C O N F I D E N C E Human Rights 25. The proposed amendment seeks to balance the rights of lawyers to personal safety and privacy with the rights of the public to have access to information about where to secure legal representation. Treaty of Waitangi Impl...

10. Anne-Tooheys-Submission-Zuhair-Darwish.pdf [pdf, 197 KB]

    ...recognises the rights of immediate family as interested parties, to participate in inquiries and inquests. It is submitted those rights should be informed by the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 21. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to t...