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1. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [pdf, 110 KB]

   ...where, after referring to art 7 of the International Covenant on Economic, Social and Cultural Rights, ratified by New Zealand on 28 December 1978, the Court made the observation: 4 The right to annual holidays on pay is therefore a fundamental human right of employees. ... [13] Mr Cranney did not refer to any authorities on the issue but he gave a number of practical examples to illustrate his principal submission that during school holidays the plaintiffs were not on unpaid lea...

2. Gisborne District Council v Hautapu - Tatarahake No.1 (2015) 50 Tairawhiti MB 199 (50 TRW 199) [pdf, 213 KB]

   ...submissions opposed the Council’s application based on his assertion that areas of the block are wāhi tapu and the Court should therefore give consideration to the possibility that the roadway and, therefore, the proposed easement runs over human remains. Mr Hautapu argued that 50 Tairawhiti MB 206 the Court should balance the granting of the easement against the customary law associated with Tatarahake No 1, and submitted that the Council should investigate whether ther...

3. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...action was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline th...

4. [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...

5. 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’...

6. 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...

7. [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....

8. 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...

9. 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...

10. 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...