Search Results

1. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...on throughout the hearing, was a video of the footage taken by Mr Peteru on his phone. The parties accepted that the video was sufficient to inform the Court. Preliminary decision [31] Mr Baillie met with Mr Peteru, and Oranga Tamariki’s Human Resources Adviser, on 31 May and 10 June 2021 to respond to the allegations. Mr Peteru’s preliminary decision was communicated to him by letter dated 28 July 2021. The conclusion was that the first, third, fourth and fifth allegatio...

2. Legal aid grants June 2022 [xlsx, 84 KB]

   ...This includes debt recovery, breaches of contract, defamation, and bankruptcy proceedings. It also includes proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court • Immigration & Protection Tribunal • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal. Civil legal aid is not avai...

3. [2023] NZEnvC 025 Minister of Conservation v Marlborough District Council [pdf, 5.5 MB]

   ...that some parts of Marlborough have been modified as a result of a variety of land uses over many years. As has occurred throughout New Zealand, Marlborough’s natural environment has been highly modified from that which would have existed prior to human arrival. This has resulted in a range of non-indigenous species, which have in their own right made a significant contribution to amenity values in both urban and rural environments as well as to the character and economy of Marlboroug...

4. Estate of Buist v Accident Compensation Corporation (Revocation of Cover/Suspension of Entitlements) [2024] NZACC 017 [pdf, 331 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. [39] In Johnston,5 France J stated: [11] It is c...

5. McKenzie v Accident Compensation Corporation (Personal Injury) [2024] NZACC 008 [pdf, 295 KB]

   ...weight. She received treatment from a physiotherapist, but her pain persisted. Dr Rossaak referred to an x- ray as showing relatively well-preserved joint spaces. Dr Rossaak referred Mrs McKenzie for an MRI scan. [13] On 3 October 2019, Dr Marcus Ghuman, a radiologist, reported on the MRI scan of the right knee. He concluded: Interpretation: Tearing of posterior horn and body of medial meniscus. Medial collateral ligament sprain. Relatively extensive tearing of lateral menis...

6. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...section 20(2)(e) to (h)).3 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.4 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.5 [46] In Ambros,6 Glazebrook J, for the Court of...

7. Ngati-Wehi-Wehi-CIA-19-October-2022-v2.pdf [pdf, 3.9 MB]

   ...serve as a foundation for action. A kaupapa is a set of shared beliefs, principles, and plans those individuals have agreed to use as a guide for their actions. The earth gave birth to all life after it emerged from the water. Trees, birds, and humans all grow and are nourished by the land. Māori are born from Papatuānuku's womb and to return there after death. The earth gives birth to people's emotional, intellectual, and spiritual lives daily, even thought is considere...

8. 16.-Evidence-of-Mr-Keith-Hamill-Water-Quality64013659.1.PDF [PDF, 1.1 MB]

   ...pollution to stormwater.4 It is difficult to estimate the expected volumes for the Project, however, for reference, an estimated load of 0.4 m3 ha-1 yr-1 of gross pollutants can be generated in suburban catchments, of which about 30% is anthropogenic (human- generated) litter (Auckland Council 2011). Litter volumes from the Project are likely to be lower than in a suburban setting but still present. Roadside litter management can be a significant component of highway operations...

9. Horizon-Regional-Council-Cover-letter-Form-7a-and-Form-9-20221101.pdf [pdf, 608 KB]

   ...consents are needed for the proposed activity to which this application relates and have not been applied for: • a resource consent Resource Management (National Environmental Standards for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NES-CS); In addition, a number of other RMA statutory approvals will be required including: • the potential transfer of water permits rights under s.136 of the RMA in relation to existing water bores on proper...

10. [2024] NZEmpC 157 Hall v Fire and Emergency New Zealand [pdf, 314 KB]

    ...unlawful discrimination. She took issue with the lawfulness of the mandates and the proportionality of the measures taken by FENZ. She further stated that FENZ’s position was in breach of the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 (HRA). She then sought confirmation that she was entitled to continue to attend FENZ sites and callouts. [40] At this stage, Ms Hall had been suspended for 91 days. There is no evidence before the Court of any r...