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1. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

   ...relation to whether or not work visas are issued. It must simply deal with the fact that Immigration New Zealand has not granted work visas. The appellants are in a situation where they have no income, and no ability to provide for their most basic human needs. They have been fortunate to receive some charitable support. [10] In some cases, it is necessary to consider whether a person is a genuine refugee claimant. The Immigration Act 2009 contains some powers to reject ill-found...

2. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...damages in this case. It is not a case which sits in the same league as Taunoa v Attorney-General,31 a judgment referred to by Mr Samuels. That case involved severe mistreatment of prisoners in conditions in breach of, in at least one instance, the human rights protection against disproportionately cruel and degrading treatment.32 [42] While I do not consider this to be an appropriate case in which to make an award of damages, I can discern no good reason why a declaration of brea...

3. [2019] NZEnvC 012 Ohau Protection Society v Waitaki District Council [pdf, 7.2 MB]

   ...applicable) exercising the resource consent. Failure to comply with the conditions may result in prosecution, the penalties for which are outlined in Section 339 of the Resource Management Act 1991 . 5. The consent holder shall ensure that, should any human remains or archaeological items be exposed while undertaking works to give effect to cond itions of this consent, works in that area will cease immediately. The Police, Heritage New Zealand, and Kaumatua representing the local Tangata...

4. LCRO 64/2020 - QR - Application for review of a prosecutorial decision (7 September 2020) [pdf, 219 KB]

   ...matters raised in Mr NB’s report should be addressed before the Tribunal. [74] I acknowledge that referral to, and a hearing before, the Tribunal is somewhat daunting, and difficult to endure on a personal level. Mr QR refers to that as the “human factor”. However, the decisions and judgments referred to above, overwhelmingly support the determination by the Committee to put the matters raised in Mr NB’s report before the Tribunal. Conclusion [75] After balancing the...

5. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...been negligent in missing the deadline and failing to advise the complainant of the need to invest as the deadline approached. There was a high degree of negligence. Her mistake could not be described as mere momentary inadvertence or excusable human error. She had failed to note the criteria set out in the approval in principle letter (sent to her twice), the multiple warnings from Immigration New Zealand and from the complainant’s financial adviser, as well as a query from th...

6. Chief Coroners Annual Report 2018-2019 [pdf, 1.6 MB]

   ...increased slightly from a rate of 13.67 deaths per 100,000 people, to 13.97 deaths per 100,000 people. Overall, the number increased by 17 deaths from 668 to 685. Each of those deaths represents an individual – it isn’t just a number. It reflects human beings who had family/whānau and friends, emotions, dreams and desires. Coroners will continue to work with the various agencies who are striving to prevent suicide. There is hope that by working together we can support individua...

7. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...should be taken to be a reference to living persons. Therefore, the dead have no rights under the Bill of Rights Act. Whilst there is dicta from Elias CJ in Takamore (SC) that may appear to be to the contrary (“Proper disposal of bodies engages the human rights to dignity, privacy and family” at [1]) those remarks were couched in general terms and do not necessarily refer to those rights which are affirmed by the Bill of Rights Act. 6 For completeness, we have considered whether, in the...

8. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

   ...departmental officer required by statute to exercise specific statutory responsibilities, independently of Ministers and departmental Chief Executives. 35. The Justice sector has examples of all three types. The Independent Police Conduct Authority and the Human Rights Commission are two of several Crown entities funded through Vote Justice. The office of the Judicial Conduct Commissioner is an example of an independent statutory office. And the Legal Services Commissioner is a statutory...

9. Te Manutukutuku Issue 35 [pdf, 5.7 MB]

   ...the second new mem­ ber of the Tribunal. He has tribal affil­ iations to Ngapuhi and Ngati Porou and has been the Race Relations Con­ ciliator since 1992. Before that he held other senior management posi­ tions in the public service, including Human Resources Manager for the Department of Justice, and was the Chief Executive of Manatu Maori/ Ministry of Maori Affairs from its inception in 1989 to its disestablish­ ment in 1991. Before that time he worked widely in the field of educ...

10. [2022] NZEnvC 044 Te Runanga o Kaikoura v Marlborough District Council [pdf, 368 KB]

    ...effects on any urupā, including associated cultural values, not listed in Schedule 3 of Appendix 13 should be avoided by applying best practice to ascertain whether an urupā may be present on an application site. Urupā contain kōiwi which are human remains. Not all known urupā will be listed in the Plan, either because the process has not yet occurred or because iwi choose to remain silent about those sites. In addition, while knowledge of the location of urupā is held within an...