Search Results

1. [2019] NZEnvC 061 Tonea Investments NZ Ltd v Auckland Council [pdf, 6.1 MB]

   ...Brabant's submission in closing to that effect. and also his concession that there will in an industry like film making, be accessory activities which might fit within Item A 17 in Activity Table H 17.4.1 about accessory offices, such as accounts, human relations , reception staff, in-house professionals and the like. The descriptions of personnel and activities within each of the five phases go significantly beyond such pure accessory activities, and form part of the manufacturi...

2. [2020] NZEmpC 160 Van Kleef v Alliance Group Ltd [pdf, 271 KB]

   ...bargaining rounds; (b) Searched through Alliance’s electronic files in relation to the relevant bargaining rounds; (c) Had Alliance’s IT search across Alliance’s systems for search terms “Maria” and “Kleef” including searching across Human Resources documents, the Chief Executive Officer’s documents, and the wider electronic system; (d) Reviewed documents disclosed during the Employment Relations Authority investigation meeting, including those in the bundle of...

3. Proactive release – Amendments to the District Court Rules 2014, High Court Rules 2016, Court of Appeal (Civil) Rules 2005, Court of Appeal (Criminal) Rules 2001, Supreme Court Rules 2004, and Criminal Procedure Rules 2012 [pdf, 1.7 MB]

   ...statutory commencement date. Compliance 18. The regulatory changes comply with each of the following: 18.1. the principles of the Treaty of Waitangi; 18.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 18.3. the principles and guidelines set out in the Privacy Act 2020; 18.4. relevant international standards and obligations; and 18.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislat...

4. [2020] NZEmpC 52 Dillon v Tullycrine Ltd [pdf, 230 KB]

   ...[30] This case arises in the context of a family arrangement. In such a context, the Courts have recognised that there is a presumption of fact against an intention of creating legal relations. This presumption derives from experience of life and human nature which shows that, in such circumstances, men and women usually do not intend to create legal rights and obligations but intend to rely solely on family ties of mutual trust and affection.4 [31] However, I acknowledge the poin...

5. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...intervention and sanctions by a disciplinary body. The public interest does not warrant every technical breach of the Code resulting in disciplinary proceedings. The Tribunal acknowledges the reality of day-to-day professional practice and isolated human error.8 This principle also has statutory recognition, to the extent that the Registrar can decide not to pursue a complaint which discloses only a trivial or inconsequential matter.9 [54] However, I do not accept that Mr De’At...

6. [2020] NZEmpC 81 AlKazaz v Asparona Ltd [pdf, 272 KB]

   ...fraught with difficulties. These include the difficulties always associated with an attempt to set aside a s 149 Record of Settlement. They also include limitation and jurisdiction issues. For instance, claims are made for remedies under the Human Rights Act 1993 and the Privacy Act 1993; outside the jurisdiction of this Court. There may also be difficulties as to limitation relating to the question of whether personal grievances have been raised in time or raised at all. Furth...

7. [2021] NZEnvC 169 Prime Property Group Limited v Wellington City Council [pdf, 261 KB]

   ...vehicles per hour southbound in the morning, and northbound in the evening. There are c650 cyclist movements per day - roughly equally divided between north and southbound. [18] Mr Hamish Mackie was called by Waka Kotahi to give evidence about human factor issues related to road safety. He has considerable qualifications, background 5 and experience in the field. He noted that the existing north and south billboards (ie those to be replaced under the proposal) have an average lu...

8. [2021] NZEmpC 113 Waitoa v The Chief Executive of the Ministry of Social Development [pdf, 231 KB]

   ...decision-maker in relation to any decisions to be made regarding Mrs Waitoa arising out of the sit-in. The Manager Operational Support, Residential and High Needs was tasked to undertake an investigation of the sit-in incident with the support of MSD’s human resources. Usually it would be the Residence Manager (in this case Mr Kuiti) who would conduct the disciplinary investigation, but as he was involved, it was not appropriate for him to do so. Mrs Waitoa was represented by the...

9. NZCVS Cycle 4 - Key Findings Booklet [pdf, 908 KB]

   ...have been rounded to the nearest whole number or one decimal place. Graphs and tables provide accuracy to one decimal place. Higher precision may be provided where it is important for the content. 5. Unfortunately, due to a human error in data collection, this report does not include over 200 interviews in Hawkes Bay area. Survey results were revised, amended and re-weighted to maintain accuracy and avoid bias. Crown copyright © 2022 This work is l...

10. [2022 NZACC 76 – Sharma v ACC (4 May 2022) [pdf, 208 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. [26] Section 67 of the Act provides: A claimant...