Search Results

1. [2014] NZEmpC 224 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 167 KB]

   ...“smart phones” and the defendant’s “telephone system” be searched. [50] The defendant’s Mr Kochery gives evidence of conducting forensic computer searches on LSG’s computer systems from about mid-July 2014 at the request of LSG’s Human Resources Manager, Marie Park. Mr Kochery says that he searched “the entire LSG server” and “the individual computers (local drives) and emails of the named individuals in the [original] notice requiring disclosure dated 28 May...

2. [2018] NZEmpC 47 New Zealand Nurses Organisation v Waikato District Health Board [pdf, 366 KB]

   ...employment contract, effective 1 August 1994. 13 The New Zealand Nurses Association New Zealand Area Health Boards Nurse Award 1990/91. [27] Another change was prompted by the Human Rights Act 1993 (the HR Act).14 From 1 March 1999 until 30 June 2002 all collective employment contracts provided for the parties to review the retiring gratuities clause to ensure compliance with legal changes resulting from that Act....

3. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...members; given that other decision-makers are not concealed, that is not at all surprising. [56] The concept of “faceless” decision-makers in a statutory process of independent review is repugnant to the most fundamental concepts of justice. The Human Rights Committee, established under article 28 of the International Convention on Civil and Political Rights met on 6 November 1997 to consider the case of Rosa Espinoza De Polay v Peru (www.worldcourts.com).3 The case concerned...

4. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...adequately explores the feasible options, and is convincing in its conclusions. The constraints are clearly identified for decision makers. Stakeholder consultation was not possible however an assessment of the likely impact on affected parties is included. Human Rights 35. A complete prohibition could be contrary to section 14 of the New Zealand Bill of Rights Act (BORA) 1990 (freedom of expression). Th s limi ation may be justified as necessary and proportionate, to ensure the policy objec...

5. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

   ...Bill of Rights. (Emphasis added) 27. Section 19 of the New Zealand Bill of Rights Act 1990 (Freedom from discrimination) states: (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 28. While section 7 of the Interpretation Act 1999 further states: An enactment does not have retrospective effect. 29. Legislation generally has prospective and not retrospective effect. The Submissions...

6. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...misconduct and, if so, that dismissal might be the outcome. Mr Elisara was overseas on leave at the time the letter was sent to him. [15] A further letter was sent to Mr Elisara on 18 January 2017 by Mr Fearnley, the Acting Group Manager, Human Resources, Allianz Australia. The letter reiterated the seriousness of the concerns which had been raised, recommended that Mr Elisara seek advice and bring a support person and/or representative to the meeting, and advised that once Mr...

7. Te Manutukutuku 74 [pdf, 11 MB]

   ...Tribunal and soon moved to Wellington to take up a position in the claims coordination team from 2007 to 2008. Following this, Nicola worked as a repatriation researcher at Te Papa, assisting with facilitating the return of Māori and Moriori human remains to their descendant communities. Nicola then returned to the Treaty sector and has worked for the past eight years at the Crown Forestry Rental Trust as a research facilitator and then as a fund­ ing and contracts manager. She w...

8. Applying to be a legal aid provider - Selection Committee guidance [pdf, 423 KB]

   ...members of the Employment Law Institute of New Zealand (ELINZ). ELINZ members are bound by the ELINZ Code of Conduct. Applicants for employment advocate approval also need to demonstrate experience dealing with mediation, dispute resolution and/or human resources issues. The application should include the following information in the Additional information section: • the applicant’s qualifications • a brief employment history, including the applicant’s experience in mediation,...

9. Education and Training Bill Advice [pdf, 275 KB]

   ...of the Bill. 33 This provision is on p 83 of the Bill. Section 19 - freedom from discrimination 41. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in the Human Rights Act 1993, including age, sex, religious belief, and national origin. 42. A legislative provision will limit the right to freedom from discrimination if: • the legislation draws a distinction based on one of the prohibited grou...

10. [2020] NZEnvC 001 Environmental Defence Society v Thames Coromandel District Council [pdf, 2.3 MB]

    ...flora and fauna; and • maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 2. To preserve the natural character of the coastal environment and protect natural features and landscape values through: • recognising the characteristics and qualities that contribute to natural character, natural fea...