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1. Land-Transport-Drug-Driving-Amendment-Bill.pdf [pdf, 358 KB]

   ...Section 22 – Right not to be arbitrarily detained 46. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy, and liberty.12 47. A person is regarded as detained within the meaning of s 22 if, amongst other things, there are statutory restraints of a person’s movements (accompanied by penalties for non-compliance).13 The e...

2. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...issues with a specimen’s integrity. Nexscreen, USA. It has a thermal temperature strip that reacts to the temperature of urine and can measure temperature between 33 and 38 degrees Celsius, which is generally the temperature of the human body, plus or minus a couple of degrees. The test cup also has a colorimetric strip for measuring creatinine levels. Creatinine is produced by the kidneys. The minimum level of creatinine in a valid sample is over 20 and the test c...

3. LCRO 176/2022 SP v AQ (15 August 2023) [pdf, 313 KB]

   ...the requirements of r 3 of the Conduct and Client Care Rules,5 particularly r 3.1, which provides: A lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act 1993. [26] With regard to Ms AQ’s complaint that Ms SP had breached her privacy, Ms SP notes that Ms AQ was happy for Ms VR to remain in the room when signing her Will. [27] Ms SP concludes her response in the followi...

4. [2023] NZIACDT 25 – ED v Dai - Sanctions (25 September 2023) [pdf, 136 KB]

   ...implausible. Mr Dai’s continuing excuses and shifting of blame to everyone except himself must lead to the maximum allowed penalties. [21] Mr Dai’s unlawful and unlicensed advice resulted in significant financial losses for them, as well as the human toll of enormous stress and anxiety. The complainant and her husband seek $21,633 in compensation: Service fee $6,900 Application fees $600 Tour fee $798 Tuition fees $4,760 Student insurance $175 Medical fees fo...

5. [2025] NZREADT 06 - UX v REAA (19 February 2025) [pdf, 292 KB]

   ...identifying the correspondents and the dates of each communication are present for some). NG’s memorandum (BoD redacted at 024–028) and the contemporary emails which were attached to that email (BoD redacted at 037–043). 12 Alpine Energy Ltd v Human Rights Review Tribunal [2014] NZHC 2792 at [29] and [31]. 13 16 November 2023 (at 5.14 pm). To the extent that the information might therefore be regarded as of some probative value, it is contrary to the complainant’s co...

6. [2024] NZEmpC 181 Ford v Henry Brown and Co Ltd [pdf, 233 KB]

   ...was, and, when they advised that they were ringing about Mr Ford, they were told that he had been fired and that they (Mr Brown and Ms Muir) would be better off without him. [13] The company responded to Mr Ford’s personal grievances through a human resources consultant on 20 September 2022. The same day, the company wrote to Mr Ford advising that it had concerns that he had misrepresented himself to it when applying for the role and was in breach of cl 16, having not advised,...

7. Auckland Standards Committee v Davidson [2012] NZLCDT 35 [pdf, 119 KB]

   ...relationship of intimate collaboration with the judges, as well as with his fellow-members of the Bar, in the high task of endeavouring to make successful the service of the law to the community ... Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. It is not difficult to see in some forms of conduct, or in convictions of s...

8. Auckland Standards Committee v ABC [2012] NZLCDT 14 [pdf, 181 KB]

   ...over 30 years, and did not reflect a series of such events; there was no matter arising which resulted in a complaint by or loss to the bank concerned; and there was no deliberate or wilful disregard by the practitioner of her obligations, but a human error made by a usually competent member of the profession. [23] It was also submitted that in assessing penalty the Tribunal could take into account mitigating factors such as the practitioner taking immediate steps to put in pla...

9. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...professional role, he could not divorce himself from being M’s barrister having just visited M in that capacity. That opened his actions up to the very type of allegations that eventuated. On the other hand we believe that it was an understandable human reaction, given the circumstances that the practitioner found his long-standing, respected client in, to carry out a simple, lawful request in the nature of a kindness. [58] The Tribunal finds that the practitioner did not breach r...

10. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

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