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1. Peake v Accident Compensation Corporation [2024] NZACC 134 (6 August 2024) [pdf, 326 KB]

   ...decision based on the amalgamation of the known methods as above and formulating a reasonable clinical conclusion. One should be cautious if relying on a single method of measurement as there may be intra-observer variability. There are also inherent human errors built into measurement methods that cannot be eliminated. I would also comment that there have been many research conducted in the past that shows conflicting evidence of which method best analyses the leg length discrepanc...

2. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...Ms Turner was properly represented at the meeting of 7 April 2021 and was able to respond to the issues in a way that demonstrated she was not constrained. 3 Ms Turner referred the Court to an article: Rodney Harrison “Employment Law and Human Rights – a Crucial Interface” (paper presented to New Zealand Law Society 10th Employment Law Conference, October 2014) 175. (iii) Ms Turner was not discriminated against on the basis of her religious beliefs, ethical beli...

3. Budapest-Convention-and-Related-Matters-Legislation-Amendment-Bill_FINAL.pdf [pdf, 545 KB]

   ...attached to the paper); IN CONFIDENCE 7 6jg082ob5 2024-11-05 17:03:34 IN CONFIDENCE 48.3 relevant international standards and obligations; 48.4 the Legislation Guidelines (2021 edition). Compliance with the New Zealand Bill of Rights Act and the Human Rights Act 49 Consideration has been given to whether the Bill complies with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (the Bill of Rights) and the Human Rights Act 1993. 50 Any Bill that extends sear...

4. Proactive release - COVID-19: Arbitrating Commercial Lease Disputes [pdf, 266 KB]

   ...scrutiny of proposals. These proposals are time dependent; they need to happen quickly and they need to apply retrospectively. If they are not made in this way, they will not achieve their intended purpose to support businesses through this time. Human Rights 69 The proposals in this paper do not engage significant issues of consistency with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. While there is no general protection for property under the Bill of Rights Act...

5. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...meaningful threshold requirement is reinforced by the White Paper commentary which explains that s 20 is concerned with “oppressive” state action, suggesting protection against state acts that reach a given level of severity.51 The United Nations Human Rights Committee has also said, in regard to Article 27 of the International Covenant on Civil and Political Rights: “not every interference can be regarded as a denial of rights”.52 46. Amending the test for recognition of CMT doe...

6. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...availability of a jury trial, which New Zealand moved away from with the enactment of the Criminal Procedure Act 2011. There are some constraints on data Many aspects of a criminal case are particular to that case and can depend on individual human behaviour that influences decisions made during the course of proceedings, such as the decision to elect a jury trial. Similarly, judicial discretion allows for variation in outcome depending on the facts of an individual case, and how an...

7. Applying-to-be-a-Legal-Aid-Provider-Selection-Committee-guidance-November-2024-v7.pdf [pdf, 653 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 mediatio...

8. [2010] NZEmpc 111 Smith v Stokes Valley Pharmacy (2009) Limited [pdf, 126 KB]

   ...their concerns about her work performance and suitability for the job. Although believing themselves not required to give any explanation and wishing to stick strictly to the script that they had been advised to follow, it was a natural human reaction to try to give an answer, as I am satisfied Mr King did, in a situation that was mutually unusual and stressful. [28] The only reason that Mr Kearns and/or Ms King gave to Ms Smith for her summary dismissal was that she was...

9. Lowe and Ors as Trustees of the Vivienne Hicks Family Trust v Morrison [2011] NZWHT Auckland 27 [pdf, 263 KB]

   ...of Rilee. [73] It is unquestionable that Rilee was the developer. However, it is necessary to make a finding as to whether Mr Savill remained a co-developer after the incorporation of Rilee. In other words, whether his actions as the „human face‟ of Rilee were actually the actions of a developer per se. This is important as a developer has a Page | 22 non delegable duty of care.9 A director who is not a developer may still be liable but their negligence must ar...

10. [2017] NZEmpC 68 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 272 KB]

    ...of the First Amended Statement of Claim dated 3 August 2012 that the defendant’s decision-maker was biased because of “her” involvement in the transfer progress. The reference to “her” is a reference to Marie Park, the defendant’s human resources manager and the defendant has consistently maintained the position that Ms Park was, indeed the decision–maker in relation to the decision to dismiss the plaintiff. [11] The starting point for a consideration of both...