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1. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...it from Mr Dunn’s response that he was firmly opposed to any such move and that what he was seeking was an exit package from the WDHB. Because of its potential relevance to rehabilitation, Dr Kenny reported this conversation to the manager of Human Resources, Mr Nugent. Mr Nugent wrote to Mr Dunn on 19 August 2008 asking for confirmation as to whether he was interested in a return to the WDHB in his current, or another role. A reply was requested by 5 September 2008. Mr Dunn a...

2. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

   ...we raised our concerns with the practitioner’s counsel. [25] Mr Eaton’s response was that we should see the practitioner’s conduct in not making the disclosure to the hearing in 2005 as understandable and typical of ordinary frailties of human behaviour and that therefore we should not put too much weight on this against the practitioner. [26] We do understand the motivations that would have caused the practitioner to continue to conceal the fact that he had stolen clients’...

3. Update to Minister on applying the investment approach to Justice [pdf, 1.2 MB]

   ...A key question will be the scope of the Investment Approach to Justice. Reducing crime is only one part of the sector’s business. Other important purposes of the Justice sector include work to: 46.1. hold offenders to account 46.2. safely and humanely house prisoners, including the provision of primary health services 46.3. provide a first response to people who are a danger to themselves or others 46.4. provide a quality civil justice system, which in turn supports a healthy econom...

4. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...that he intended to ‘re-open and discuss’ the earlier warning. In the event, he took no steps to do so. [15] Mr Hook attended the 3 August meeting with his support person, Mr Llewellyn. A record of the meeting was made by Mr Reichel, the Human Resources Manager. Ms Watts and Mr Boehmer also attended the meeting. Ms Watts gave evidence that the meeting was conducted in a professional manner although it became tense at times. Mr Hook described the meeting in different terms....

5. Pue v Nga Hapu o Nga Ruahine Iwi Incorporated [2011] Maori Appellate Court MB 577 (2011 APPEAL 577) [pdf, 194 KB]

   ...purposes refer to “land/air/water/sea including taonga and subsurface… submerged lands, all petroleum and all minerals, all waters…” The purposes also provide for the tino rangatiratanga o Ngā Hapū o Ngā Ruahine Iwi, the pursuit of human rights breaches, the social, economical and political organs and systems of their communities, and many other things besides. [12] The appellants also wish to restrain Ngā Hapū o Ngā Ruahine Iwi Incorporated (“the Incorporated Soc...

6. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be en...

7. Waxman v Pal [2016] NZHRRT 28 [pdf, 71 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2016] NZHRRT 28 Reference No. HRRT 035/2015 UNDER THE PRIVACY ACT 1993 BETWEEN DEBORAH WAXMAN PLAINTIFF AND JITENDRA PAL DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms LJ Alaeinia, Member Mr BK Neeson JP, Member REPRESENTATION: Dr D Waxman in person Dr J Pal in person DATE OF HEARING: 30 and 31 May 2016 DATE OF DECISION: 11 August 2016 DECISION OF TRI...

8. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

   ...to be an issue, however, is the relative space left to hapū such as Ngāti Pu in a post-settlement environment to maintain and assert an independent voice. In one sense, this in an intensely practical question depending in large part upon the human and other resources available to the hapū and the extent to which it is unified. There are also important points of principle potentially at issue. Chief amongst these are the way in which whānau, hapū and iwi relate to each other and t...

9. Whiles-Clarry v Standing [2011] NZIACDT 18 (6 July 2011) [pdf, 119 KB]

   ...complaint being upheld without necessarily imposing a sanction, it follows it is not necessary to find a disciplinary sanction should be imposed to uphold a 7 complaint. However, it is important to recognise not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. It follows there will be occasions when advisers are responsible for a lapse from acceptable standards; but still not justify upholding a disciplinary complaint....

10. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

    ...tried to reschedule the meeting. 4 [10.6] The Tribunal indicated (on the basis of the information Ms Lozano provided to the Authority) it believed Ms Lozano had been late to the meeting and the issue was no more than a minor example of human frailty. [10.7] Ms Lozano then remained silent and expected the Tribunal to act on the information she had supplied to the Authority. [10.8] Ms Lozano knew when she supplied the information to the Authority that it was misleading. Sh...