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1. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...an agreement was to go through a redundancy process. Whether that process would have been justified or not is moot. He chose an agreed exit. [53] I have had the benefit of seeing the internal email exchanges between Mr Glover and the human resources department which were generated as a result of Mr AlKazaz’s lawyer’s discussions with them and/or DeloitteAsparona’s lawyer. It was apparent that Mr AlKazaz’s lawyer raised a number of the concerns that Mr AlKazaz no...

2. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...approach may also mitigate the potential impact of this proposal on sentence outcomes. For example, where an offender has spent time on remand and has participated in a rehabilitation programme, their progress may help inform sentencing decisions. Human Rights Implications 42 The Crown Law Office will vet any resulting draft Bill for consistency with the New Zealand Bill of Rights Act 1990 (Bill of Rights). 7 This is based on data from all sentences concluded in 2...

3. OIA-107310.pdf [pdf, 3 MB]

   ...working arrangement, there is no automatic right to revert to the prior work arrangement; all parties must agree to the change in writing. • All employees have the opportunity to apply for flexible working arrangements, in accordance with the Human Rights Act 1993. • Collaboration between the manager and the employee is critical in ensuring that expectations are clear and met. Procedures 1. Employees must make a request for flexible working in writing to their manager, usi...

4. Improving jury trial timeliness - Discussion document [pdf, 447 KB]

   ...The International Covenant on Civil and Political Rights (ICCPR) is an international treaty which was ratified (agreed to) by New Zealand in 1978. The New Zealand Bill of Rights Act 1990 implements the ICCPR by affirming, protecting and promoting human rights and fundamental freedoms in our law. 6 In New Zealand, a limited entitlement to elect a jury trial has been available since 1841 for offences that Parliament classified as “indictable”.4 Since 1900, a person charged wit...

5. [2024] NZEnvC 226 Pirirakau Tribal Authority Incorporated v Heritage New Zealand Pouhere Taonga [pdf, 323 KB]

   ...include: a) Access for Pirirakau shall be enabled in order to undertake tikanga consistent with any requirements of site safety. b) Pirirakau shall be informed 48 hours before the start and finish of the archaeological work. c) If any kōiwi (human remains) are encountered, all work should cease within 10 metres of the discovery. The Heritage New Zealand Pouhere Taonga Archaeologist, New Zealand Police and Pirirakau must be advised immediately in accordance with Guidelines for K�...

6. Regulatory-Systems-Courts-Improvement-Amendment-Bill_FINAL.pdf [pdf, 514 KB]

   ...consulted and confirms that the CIPA requirements do not apply to this proposal as the threshold for significance is not met. Population Implications 33 The proposals in this paper are not intended to directly impact specific population groups. Human Rights 34 The proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Use of External Resources 35 No external resources were used to in the preparation of this polic...

7. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...by the fact that a police inquiry was being undertaken into the complaints to the police. Once the pilots’ union deflected the company’s inquiries by invoking the right to silence, matters settled down. The periodic correspondence from the Human Resources Manager of ANL attempting to call meetings for interviews, while premature, indicated the initial emphasis of the company on allegations of inappropriate purchase and consumption of alcohol. As matters progressed, ANL raised...

8. [2014] NZEmpC 111 Bracewell v Richmond Services Ltd [pdf, 300 KB]

   ...discloses is about serious wrongdoing in or by that organisation but the belief is mistaken, the information must be treated as complying with subsection (1)(a) for the purposes of the protections conferred by this Act and by section 66(1)(a) of the Human Rights Act 1993. (4) This section is subject to section 6A. b) The second is s 6A, which states: 6A Technical failure to comply with or refer to Act (1) A disclosure of information is not prevented from being a protected...

9. Fish & Game – EiC – B Farrell – Planning (5 Feb 2021) [pdf, 1.2 MB]

   ...water takes”. I agree and in the absence of the FMU process being completed to identify “overallocation” and “degradation”, I believe that through a TMOTW lens it is reasonable to assume, in the meantime, that any loss of water from human intervention represents degradation of a waterbody. (f) If the health and wellbeing of water bodies was not in a significantly degraded state, then surely PC7 would have not been progressed with the direction and support of the Minis...

10. [2020] NZEnvC 025 Willis Bond Capital Partners No. 3 Limited [pdf, 914 KB]

    ...and development of potentially contaminated land (Rule 32.2.1) - a discretionary activity (restricted). [27] Consent for a discretionary activity under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (2011) is required for the associated soil disturbance and change in land use. [28] There is agreement that on a bundled approach, the resource consents required from the Council are for a discretionary (unrestricted) activity....