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1. 2022-03-18 QLDC - Opening Submissions [PDF, 187 KB]

   ...consider that QLDC’s consideration of water quality matters under Chapter 25 [of the PDP] is limited. In particular, QLDC cannot consider effects on coastal water, Kāi Tahu spiritual and cultural beliefs, values, and uses, or on the natural and human use values set out in Schedule 1 to the RPW as PC8 provides. 6.3 In relation to effects on coastal waters, QLDC considers that this omission is of no consequence given the geography of its District. It contains no coastal waters, and w...

2. TE v QU Ltd [2023] NZDT 53 (12 January 2023) [pdf, 198 KB]

   ...property. In appropriate cases it can also award compensation for emotional distress, although awards are relatively uncommon and usually modest in amount. 26. Other Tribunals routinely award compensation for emotional distress. For example, the Human Rights Review Tribunal can award damages for emotional harm resulting from privacy breaches. It generally considers compensation under three broad bands, with less serious breaches up to $10,000.00. Also, the Employment Relations Aut...

3. [2023] NZEmpC 175 Carrington Resort Jade LP v Maheno [pdf, 235 KB]

   ...faith report, there is perhaps more merit in the suggestion that the proceedings may be in some way an abuse of the Court’s processes for the purposes of r 15.1(1)(d) of the High Court Rules. However, the right to access justice is an important human right.16 Therefore, the Court of Appeal has 15 Attorney-General v Prince [1998] 1 NZLR 262 (CA) at 267; and Couch v Attorney-General [2008] NZSC 45, [2008] 3 NZLR 725 at [33]; see also Carrington Resort Jade LP v Maheno [2023] NZ...

4. Proactive release - Advice on commercial lease issues and the Property Law Act [pdf, 66 KB]

   ...required) Name Position Telephone 1st contact (work) (a/h) Caroline Greaney General Manager, Civil and Constitutional  Anna Johnson Principal Advisor, Electoral and Constitutional Julia Rendell Senior Advisor, Civil Law and Human Rights Minister’s office to complete  Noted  Approved  Overtaken by events  Referred to: ____________________________________  Seen  Withdrawn  Not seen by Minister Minister’s office comments...

5. Arms-Act-rewrite-summary-version-of-the-discussion-document.pdf [pdf, 181 KB]

   ...ammunition • controls products, who can use them, and how they can be used • enables firearms amnesty and buy-back regimes. Controls help to ensure that firearms are not misused. Misusing firearms can lead to serious injury or the loss of human life. http://www.justice.govt.nz/firearms Questions • In your view does the Act define a ‘firearm’ well? • In your view, is the focus on regulating firearms (and associated products) based on the risk profile of each...

6. 2014 Decisions of public interest

   ...– Express choice of Hong Kong law displaced – Express choice of Hong Kong law also contrary to New Zealand public policy which places an importance upon anti-discrimination values – Age discrimination provisions of Employment Relations Act and Human Rights Act apply to plaintiffs – Discriminatory for defendant to force plaintiffs into retirement. [2014] NZEmpC 213 Hixon v Campbell [Judgment of the Full Court, 17 November 2014] WAGES PROTECTION ACT - LABOUR INSPECTOR ACTION TO RECOVER U...

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7. [2024] NZEnvC 142 Neil Construction Limited v Far North District Council [pdf, 3.2 MB]

   ...dogs, ferrets, stoats, and cats. Predation by dogs is described as “the largest issue for Northland brown kiwi (Colbourne et al., 2020; Craig et al., 2011; Germano et al., 2018), especially in areas where kiwi habitat overlaps with or is close to human populations”, with frequent reports of kiwi killed by dogs in Northland.8 8 Cockrem, at [33]. 24 [97] Mr Delaney recommended a bylaw against dogs in public areas. However the option of a bylaw to restrict dogs had not been d...

8. Reinstating-Three-Strikes-Sentencing-Law.pdf [pdf, 31 MB]

   ...options for penalties 65. A sentencing regime of progressively harsher consequences for repeat offenders does not inherently have to entail mandatory penalties that are out of proportion to the actual offending, in some cases so severely they breach human rights. 66. Several comparable jurisdictions set minimum penalties that must be imposed for repeat offending, but these are not usually at or even near the maximum penalty for that offence.21 This provides some discretion for the Cour...

9. Martin, G N - EiC (5 Feb 2021) [pdf, 1.2 MB]

   AGENDA Council Meeting Public Excluded 2020311 1.1. Water Permits Plan Change Prepared for: Council Report No. P&S1833 Activity: Regulatory: Policy Development LGOIMA: 48(1)(d), Sec 48(2)(a)(i) Author: Peter Constantine, Consultant Planner Endorsed by: Gwyneth Elsum, General Manager Strategy, Policy and Science Date: 1 March 2020 PURPOSE [1] To obtain approval for public notification of proposed Plan Change 7 - Water Permits to the Regional Plan: Water for Otago (the RPW). EXECU

10. [2008] NZEmpC AC 49/08 Clear v Waikato DHB [pdf, 109 KB]

    ...aware by other staff about the history of personal conflict between the two midwives. On Ms Osborn’s own initiative and without Ms Clear making a complaint to her decided to take steps to try and resolve the issues. She received advice from Human Resources that she should address current problems as they arose rather than attempting to resolve the historical matters. She monitored the situation by keeping close contact with Ms Clear and encouraged her to report any issues immed...