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1. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...heard on the challenge. The minute was to be served on those parties as well as counsel for Go Bus. Chief Judge Colgan will preside over a directions conference on these matters on 7 December 2015. Evidence and submissions of Go Bus [13] The Human Resources Manager of Go Bus, Mr Bardsley, filed an affidavit in support of the company’s application for stay. He deposed that Go Bus is in a financial position to pay the sum ordered by the Authority to Mr Hellyer; and that it woul...

2. [2015] NZSSAA 102 (18 December 2015) [pdf, 47 KB]

   ...had his own business designing wireless networks. He is not specifically looking for work at the present time but hopes to be able to do so in the future. [13] The appellant submits that the United Nations regards access to the internet as a basic human right. Following the hearing, he provided a variety of information from the internet which he says supports his claim. [14] A further matter affecting his finances is the cost of travel to Masterton. The appellant said that petrol and...

3. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...filed by Friday 9 August 2013. The matter will then be decided on the papers. Any claim for costs will be addressed at the same time. [5] Mr Edwards then provided a memorandum of submissions and an affidavit of Ms Van Niekirk, the plaintiff’s Human Resources Manager, in support. Offer of settlement without prejudice as to costs [6] The defendant lodged his statement of problem with the Authority on 30 June 2011. The plaintiff has not provided a copy of that statement to the Cou...

4. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 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...

5. 2017 NZSSAA 037 (17 July 2017) [pdf, 214 KB]

   ...started confiscating property from the Jews), perhaps quite acceptable in the atmosphere of the times then. Those attitudes do not provide a decent foundation for interpreting the law in the 21st Century. However we need not argue the matter of human rights or discriminatory law in this Tribunal hearing; the Ministry’s case falls apart elsewhere. Going on ahead, it is necessary to lay out some overarching principles, so that the appellant and the Tribunal do not have to go back to...

6. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister of Agriculture and Forestry, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Agriculture and Forestry 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 assis...

7. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or distasteful. 7. The Supreme Court of Cana...

8. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...could be seen to be especially demeaning for prisoners. However it does not authorise the insertion of any instrument, device or thing into any orifice. • A physical search or seizure of the person is a restraint on freedom and an affront to human dignity. [6] Strip searches are inherently degrading and can be considered an affront to the person being searched, particularly when devices or instruments are used to illuminate or magnify areas. The Court of Appeal has said that the...

9. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...enter it tomorrow, next month or next year. If the applicant is correct then for those people and their family's there is imminent and perhaps irreversible prejudice. 35. I return to paragraph 5. The figures and percentages indicated and the human and social consequences, if the applicant is correct, are overpowering. There appears to be nowhere else than the Tribunal where the applicant can go to address the issue. I have before me approximately 2000 pages of submissions, affidavit...

10. BORA Local Government Law Reform Bill [pdf, 405 KB]

    ...the objectives of these provisions justify the limitation on the presumption of innocence under section 25(c) of the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 R v Grayson & Taylor [1997] 1 NZLR 399. 2 Dr Susan Cassells Toward Sound Management of End-of-Life Vehicles in New Zealand 2004, 100 3 R v Wholesale Travel Group 84 DLR (4th) 161, 188 citing...