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1. [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [pdf, 284 KB]

   ...under those terms and conditions. [5] Mr Le Gros’ individual employment agreement had provided for four weeks’ annual leave a year. It made no provision for long service leave. While no contractual provision was made for such leave, the human resources director issued a policy document (referred to as a directive) on an undisclosed date,2 entitled the “Recognition of Long Service” directive. The purpose of the directive was stated to be to “acknowledge and recognise t...

2. Auckland Standards Committee 3 v Woodroffe [2025] NZLCDT 1 (7 January 2025) [pdf, 258 KB]

   ...for the considerable privileges of their role. Her rights under the New Zealand Bill of Rights Act do not protect Mrs Woodroffe from professional discipline for such breaches. Congruently, we rule that Article 5 of the Universal Declaration on Human Rights (which states that “no-one shall be subjected to torture or to cruel, inhumane or degrading treatment of punishment”) does not protect Mrs Woodroffe from risk of proportionate punishment for breach of the professional rules....

3. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...Revenue supports the thrust of the submissions made in respect of practicability and reasonableness. This needs, however, to be weighed in the mix with a number of other factors. [55] Inland Revenue is a well-resourced employer, with specialist human resources capacity and (as a Public Service organisation) heightened employer obligations.16 It is better placed than many employers to appropriately manage a return to work if that is what is required. [56] Reinstatement of a dis...

4. Volume-II-Supporting-Information-and-AEE_1-November-22.pdf [pdf, 12 MB]

   ...and economy 26 8 Natural and physical environment 28 8.1 Topography and landscape 28 8.2 Landforms and geology 30 8.3 Water catchments and surface water quality 31 8.4 Groundwater 33 8.5 Freshwater ecology 36 8.6 Terrestrial ecology 37 9 Human environment 40 9.1 Cultural 40 9.2 Heritage and archaeology 44 9.3 Transport 46 9.4 Land use 51 9.5 Social 57 Part C: Description of the project 10 Overview 60 10.1 Cultural and environmental design framework 60 11 Summary of the...

5. Evaluation of New Zealand court-referred restorative justice pilot [pdf, 181 KB]

   ...agreements reached. The pilot evaluation concludes that there are many reasons to feel encouraged. Overall, it found a small but statistically significant reduction in reoffending and that restorative justice can more than adequately respond to the human and emotional costs of offending for some victims. New Zealand Court-Referred Restorative Justice Pilot: Evaluation New Zealand Court-Referred Restorative Justice Pilot: Evaluation To purchase copies of this publication, please comp...

6. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...that the email did not indicate any urgency in the matter. The plaintiff deposes that he was deeply disappointed with the outcome of the determination and with the representation he had received. On 24 March he asked his friend Martin Price, a human resources consultant, to look at the determination and review it. Mr Price came back to him several days later and said that he had a strong case. On 2 April they discussed the details of the determination. He claims that neither he...

7. W v H [2015] NZIACDT 80 (10 August 2015) [pdf, 94 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...

8. Paterson - Ahiateatua A8B (2013) 31 Tairawhiti MB 109 (31 TRW 109) [pdf, 154 KB]

   ...the lease was renewed and that this matter would be discussed at the meeting. 7. A Land Suitability Report obtained by the applicant from the Gisborne District Council indicates that the land may be located within an area associated with human activity prior to 1900, and thus the applicant must alert the Historic Places Trust if any archaeological material is uncovered. It also has a Heritage Alert Layer over the block, but not within the area that is subject to this applicati...

9. BORA Taxation (Annual Rates, GST, Trans-Tasman Imputation and Miscellaneous Provision) Bill [pdf, 49 KB]

   ...of the Bill of Rights Act. Section 19(1) of the Bill of Rights Act: The right to freedom from discrimination 8. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include: • "Marital status", which includes the status of being single, married, or living in a relationship in the nature of marriage; and • "Sexual orientation", which means a he...

10. BORA Historic Places Amendment Bill [pdf, 108 KB]

    ...to the Minister of Justice. A copy is also attached for referral to the Minister for Culture and Heritage, if you agree. Roger Palariet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team cc: Minister of Justice Minister for Culture and Heritage Copy for your information In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the...