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1. Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]

   ...with a guarantee set out in section 29 or section 30 only because of— (a) an act or default or omission of, or any representation made by, any person other than the supplier or a servant or agent of the supplier; or (b) a cause independent of human control. [69] There is relatively little jurisprudence on the interpretation and application of section 29. I have relied upon a number of academic journal articles to distill the following principles:3 a) Section 29 imposes s...

2. McCleery – Waihaha 3D2 Inc (1997) 1 Waiariki Appellate MB 67 (1 AP 67) [pdf, 1.4 MB]

   ...down. I'm not prepared however at this stage to remove them completely, and when I say that I'm not doing it as any favour to them, I do it as a saving for the people, for the committee of management notwithstanding what has happened are a human resource for the people, it still has a chance to make a contribution. I agree wholeheartedly with Mr Te Rapai that the incorporation is out of control, and I must consider what the best way is to get it back on the rails, and I have decided...

3. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...disclosure purposes. [102] Having regard to the manner in which Mr Nel’s case as to disparity is advanced on the pleadings, I consider that the scope of the disclosure requests, confined as they are to circumstances which were considered by ASB’s Human Resources team, and certain senior managers, is appropriate. [103] Next, I consider Mr Dench’s submission that Mr Nel had an obligation to plead a specific disparity case before ASB could be required to provide disclosure....

4. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...properties, and traffic safety and efficiency effects are less than minor. g) Conditions are necessary when soil disturbance and/or land development activities take place on land potentially affected by contaminants in soil to ensure all potential human health risks are identified and addressed to make sure the land is safe for human use. Engineering h} The engineering requirements for water, wastewater and stormwater will ensure that the development will be adequately provided wit...

5. Fehling v Ministry of Health [2017] NZHRRT 31 [pdf, 269 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 31 Reference No. HRRT 016/2016 UNDER THE PRIVACY ACT 1993 BETWEEN FRIEDRICH JOACHIM FEHLING PLAINTIFF AND MINISTRY OF HEALTH DEFENDANT AT HOKITIKA BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr FJ Fehling in person Ms R Garden for defendant DATE OF HEARING: 20 March 2017 DATE OF LAST SUBMISSIONS: 12 April...

6. [2019] NZEnvC 042 Alliance Group Limited v Otago Regional Council [pdf, 451 KB]

   ...i. Soil biological diversitv: ii. Biological activity in soils: iii. Soil function in the storage and cycling of water, nutrients, and other elements through the biosphere: iv. Soil function as a buffer or filter for contaminants resulting from human activities, including aguifers at risk of leachate contamination: v. Soil fertility where soil is used for primary production: b J Where a J is not practicable, minimise adverse effects: cJ Recognise that urban and infrastructure deve...

7. [2018] NZEnvC 239 Mawhinney v Auckland Council [pdf, 851 KB]

   ...Activities: (a) proposed sites for any purpose other than for road, open space or a designation where a building platform is identified on the plan of subdivision. The building platform shall be designed to allow for development likely in the relevant Human Environment Rules. Assessment of Controlled Activity applications will be limited to the matters of design, location and construction and will be considered in accordance with Assessment Criterion 2(a). 2.3 Limited Discretion...

8. Family Court Rewrite Submission - Te Putahitanga [pdf, 552 KB]

   ...left young people feeling confused, upset, and sometimes angry. Existing organisational practices and systems do not give priority to listening to children and young people”. (2015, p53) The right to wellbeing is a fundamental and universal human right. How the right to wellbeing is delivered is considered in relation to the availability, accessibility, acceptability and quality of other strategies, services and plans but must also include a Māori perspective and conception of...

9. Coronial Services Annual Report 2015-2016 [pdf, 3.9 MB]

   ...398 deaths (12%), followed by transport deaths, 366 (11%). Cause of death 2015–16 Deaths Accidental poisoning 8 Aspiration 32 Aviation 10 Death in custody 26 Drowning and immersion 81 Fall 92 Fire/smoke/burns 30 Firearms 43 Homicide 46 Human remains 2 Marine accident 9 Missing person 11 Natural causes 1798 Other 23 Overdose 121 Sudden Unexpected Death in Infancy 27 Suicide 398 Transport 366 Undetermined 171 Workplace accident 32 54% of deaths were from natural cause...

10. Justice Matters July 2019 [pdf, 3.5 MB]

    ...the team came after our Ministry started using behavioural insights to improve the way we deliver our services. The team will have 11 members and has funding for the next two and a half years. Behavioural insights play a key role in delivering a humane and effective justice system. Almost everything that happens within the justice sector is behaviour related, from arranging for people to pay their fines to crime prevention strategy. “If you understand what motivates people’s behavi...