Search Results

1. [2020] NZREADT 19 - Singh - costs (1 May 2020) [pdf, 168 KB]

   ...determined on the facts and circumstances of the particular case. Some guidance is available from the judgments of her Honour Justice Mallon in Commissioner of Police v Andrews (where costs were sought against a complainant in proceedings under the Human Rights Act 1993),5 and his Honour Justice Palmer in TSM v A Professional Conduct Committee, (which considered costs awarded in disciplinary proceedings under the Health Practitioners’ Competence Assurance Act 2003).6 [16] In Kooi...

2. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...in sexual assault, however both crime rates do not fall far outside rates observed in the years prior to the law’s implementation. Deterrence is one of the underlying principles of the criminal law and is based on the rational choice view of human behaviour – that individuals will commit crime if the benefits outweigh the cost, and that crime can be made less attractive by implementing policies that increase the costs of illegal conduct. An empirical analysis of research into th...

3. Nicholas v The Official Assignee - Lot 6 DP 34349 [2021] Maori Appellate Court MB 228 (2021 APPEAL 228) [pdf, 258 KB]

   ...its various amendments, the Maketū land was converted to General land without the consent of its owners. This has resulted in serious harm and grief. The Maketū land should in fact be Māori freehold land. (b) It is unlawful and a breach of human rights and the Bill of Rights Act 1990 that the Criminal Proceeds (Recovery) Act 2009 permits the forfeiture of land when no criminal conviction is entered. Mr Nicholas has not been convicted of the charges on which the forfeiture or...

4. Proposals against incitement of hatred and discrimination - summary document - Arabic [pdf, 311 KB]

   ...موقع الویب 2021أغسطس 6یونیو وحتى 25تقدیم المساھمات مفتوح من تاریخ Space على العنوانhttps://consultations.justice.govt.nz أو بالبرید اإللكتروني على العنوان ، humanrights@justice.govt.nz أو بالبرید إلى العنوان ،Human Rights, Ministry of Justice, SX10088, Wellington . یة، یرجى للتعرف على المزید من المعلومات حول عملیة تقدیم المسا�...

5. ORC & Federated Farmers - EIC - Mathew Korteweg - 17 September 2021 [pdf, 1.3 MB]

   ...Victoria). 5 I am the Otago Federated Farmers dairy vice-chairman. My previous roles were the Otago Federated Farmers sharemilker chairman for 2 years and the Otago Federated Farmers Dairy chairman for 2 years. 6 Catherine and I won the DairyNZ Human Resources Award, the Ecolab Farm Dairy Hygiene Award, and the Westpac Business Performance Award, in the Share Farmer Merit Awards in 2016. We were also runners up in the Southland-Otago Dairy Manager of the year award in 2016. 7...

6. [2022] NZACC 50 – Harding v ACC (24 March 2022) [pdf, 182 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [28] Section 67 of the Act provides: A claimant w...

7. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 (5 December 2022) [pdf, 201 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. 5 [18] Section 54 of the Act provides: The C...

8. [2022] NZACC 125 – Williams v ACC (28 June 2022) [pdf, 242 KB]

   ...described in the claim form is: Running in soft sand on dunes and pulled left foot. [44] In terms of the definitions in the Act the accident in this case was an event that involved the application of force, in this case gravity, external to the human body, that is to say the running in soft sand when he “pulled his left foot”. It is ACR 134/21 Mr Williams’ position that as a result he suffered a personal injury, namely a strain or sprain of his left foot. [45] The oppo...

9. [2022] NZEnvC 127 Climate Justice Taranaki Incorporated v Taranaki Regional Council [pdf, 383 KB]

   ...it must be determined as if s 70A has not been repealed, regardless of the fact that this repeal has been delayed.6 Climate change is defined under s 2 of the RMA as meaning: a change of climate that is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and that is in addition to natural climate variability observed over comparable time periods. 5 Resource Management Amendment Act 2020 Commencement Order 2021. 6 Ref...

10. [2022] NZACC 21 - Delamere v ACC (22 February 2022) [pdf, 270 KB]

    ...Respondent’s Submissions [29] Ms Becroft refers to s 20 of the Act providing cover for claimants who have suffered personal injury by accident. She notes s 25 defines an accident as involving the application of force or resistance external to the human body. [30] She also refers to s 26, noting that personal injury does not include personal injury caused wholly or substantially by gradual process, disease or infection, or the aging process. [31] She notes that a number of h...