Search Results

1. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

   ...alternative positions [15] By late November Mr Slotemaker knew he faced dismissal because his position was to cease to exist and he had not been appointed to a replacement position created by the restructuring. On 2 December 2015 King Salmon’s Human Resources Adviser, Fiona Thomas, sent Mr Slotemaker three draft employment agreements so he could consider alternative positions within the company. Two were for Team Leaders and one was for the Aquaculture Technician vacancy Mr S...

2. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...extension of the public policy exclusion. They suggest, for example, that the role of the Securities Commission in dealing with takeover issues and conflicts cannot be ousted by an arbitration provision, and similarly the enforcement role of the Human Rights Commission. Unfortunately, neither example assists in considering whether the jurisdiction of the Maori Land Court can be ousted by an arbitration provision and so I must consider the nature of the Court's functions. [57] I...

3. Practice Note: Family Court specialist report writers [pdf, 908 KB]

   ...of: (i) the need and ability to refer to/make use of specialist cultural advice for families of different cultures; (ii) the significance of cultural prohibitions, customs and language of other cultural groups; and (iii) alternative child and human development perspectives. 13.3 Evidence of competency will be demonstrated by relevant academic and formal training, participation in relevant workshops, seminars and conferences, and by maintaining knowledge with current trends in resear...

4. Summary of submissions: New Zealand accession to the Budapest Convention on Cybercrime [pdf, 248 KB]

   ...between countries, so a preservation order request may be submitted for evidence of a crime which is not an offence in New Zealand. MEGA’s view was that actioning foreign preservation orders for acts that are not crimes in New Zealand may impact on human rights if the request is used for political purposes. Safeguards – who makes the order & how What was proposed Two elements of the proposed data preservation scheme dealt with who can issue the order, and how it is is...

5. [2019] NZEnvC 109 Ngati Pukenga ki Pakikaikutu v Heritage NZ Pouhere Taonga [pdf, 6.8 MB]

   ...with the application; • Condition 7: in addition to any protocols agreed to between the authority holder and Waitangi marae, a set of conditions regarding access for Ngatiwai to undertake tikanga maori protocols, steps to take if koiwi tangata (human remains) are encountered, informing Ngatiwai if any possible taonga or maori artefacts are identified, and providing Ngatiwai with a copy of any reports. The appeal [6] Mr Parata lodged an appeal in the name of Ngati Pukenga Ki Paki...

6. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [pdf, 212 KB]

   ...never provided false or misleading information to Immigration New Zealand. Eagle Migration had been contacted by the employer which was accredited with Immigration New Zealand. The law stated that the employer was his “main client”. The human resources manager at the employer had signed the client agreement in line with the Code. [13] Mr Singh explained that pursuant to the instructions received from the client employer, Eagle Migration emailed the employment agreement, the...

7. Tucker v Real Estate Agents Authority [2020] NZHRRT 50 [pdf, 157 KB]

   ...agent’s licence was cancelled. See Real Estate Agents Authority (CAC 301) and The Real Estate Agents Authority (CAC 403) v Tucker [2016] NZREADT 65. 1 [This decision is to be cited as Tucker v Real Estate Agents Authority [2020] NZHRRT 50.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 50 I TE TARAIPIUNARA MANA TANGATA 2 [2] On 25 October 2016, Mr Tucker appealed both the misconduct findings and the cancellation of his licence to the High Court. His appeal was unsuccessf...

8. [2019] NZEnvC 153 Selwyn Quarries Limited v Canterbury Regional Council [pdf, 4.7 MB]

   ...organic material in the soils may also react and consume some dissolved oxygen in the groundwater. The overall effect would be a change in the taste, colour or odour of the groundwater. These effects are aesthetic, rather than representing a risk to human health.31 [41] That said, the evidence considered by the Hearings Commissioners on the presence of organic material in deep fill is not limited to changes in the aesthetic values of potable water supplies. The evidence, which inclu...

9. Justice Matters - issue 17 - December 2019 [pdf, 5 MB]

   ...want our criminal justice system to be safe and effective and if we want to change what it does for the better. These reports are not a blueprint. But they draw on community input and the message is clear: we need a different approach. We need humanity for victims and greater effectiveness for offenders. We cannot undo the mistakes of the past, but we can put in place safeguards to ensure mistakes do not happen again. The newly established Criminal Cases Review Commission, with its...

10. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [pdf, 180 KB]

    ...criticism of public officials is an important aspect of professional practice. I have said this before.12 Professionals will occasionally use stronger and more emotive or abrasive language than is desirable. As Mr Moses says, it is a result of both human nature and the importance of the matters at hand. It can occur in the energetic pursuit of a client’s best interests. But there are limits. While vigorous advocacy will usually be in the client’s best interest, gratuitous re...