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1. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 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. [32] In Johnston,1 France J stated: [11] It is c...

2. National Standards Committee 1 v Palmer [2023] NZLCDT 13 (28 April 2023) [pdf, 157 KB]

   ...fact specific, and personal to the person who has suffered harm. The key question is the impact caused to the specific individual in question. [59] Counsel also referred us to the Carlyon Holdings Limited case.19 That case, considered in the Human Rights Review Tribunal, provided guidance on determining damages in sexual harassment cases. The factors include: 1. The nature of the harassment. 2. The ongoing nature and frequency of the harassment. 3. The age and vulnerability o...

3. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 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. [29] In Johnston,1 France J stated: [11] It is co...

4. [2024] NZEnvC 052 Lakeside Developments 2017 Limited v Waikato District Council [pdf, 368 KB]

   ...trains shall not be exceeded based on the procedures specified in the Norwegian Standard NS 8176E: 2nd edition September 2005 Vibration and Shock Measurement of Vibration in Buildings from Land Based Transport and Guidance to Evaluation of its Effects on Human Beings. Receiving Environment Maximum weighted velocity, Vw95 which will mitigate vibration impacts; (iii) Any characteristics of the proposed use which make compliance with the standard unnecessary; (iv) A reverse sensitivity...

5. McLeary v ACC (Personal injury) [2024] NZACC 74 [pdf, 228 KB]

   ...specific event or a series of events, other than a gradual process, that involves the application 1 Atapattu-Weerasinghe v Accident Compensation Corporation [2017] NZHC 142. 10 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. [41] In Johnston,2 France J stated: [11] It...

6. Henderson v Accident Compensation Corporation (Personal Injury) [2022] NZACC 216 [pdf, 205 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. [58] In Ambros,3 the Court of Appeal stated: [...

7. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

   ...regulated services”. We reviewed the Authorities in the U decision as follows: [35] It is well established that Parliament has set a deliberately higher threshold for conduct in a personal capacity to be considered misconduct. This recognises human frailties and the range of conduct which might fall for consideration. It would be unduly oppressive for a lawyer in his or her personal life to have to maintain the sort of standards that are, at all times, expected of him or her when ac...

8. Payne v Accident Compensation Corporation (Personal Injury) [2024] NZACC 105 [pdf, 216 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. [46] Section 26(1)(c) of the Act provides that “...

9. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...exacerbate the disproportionate impacts on Māori, young people, and disabled people. 45 The proposals to toughen the three strikes regime, however, will also help support Māori victims, who are disproportionately represented as victims of crime. Human Rights 46 The proposals in this paper may affect the Bill’s consistency with NZBORA, given the qualifying sentence requirement and lack of retrospective elements were cited in the previous Crown Law vet which considered the Bill a...

10. Tranche 3 of Cabinet and Ministerial advice on changes to clubs and ranges regulations [pdf, 1.3 MB]

    ...approvals were sought [SOU-24-MIN-0090 refers]. Compliance 11 This Bill complies with the following: 11.1 the principles of the Treaty of Waitangi; 11.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 11.3 the disclosure statement requirements (the disclosure statement is attached); 11.4 the principles and guidelines set out in the Privacy Act 1993; 11.5 relevant international standards and obligations; and 11.6 th...