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1. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...That day she discussed the incident with colleagues. It was agreed that because Mr D appeared to have been involved in a “driver-at-fault” incident while on a final warning, a disciplinary meeting should take place. With the assistance of Human Resources (HR), she began preparing a letter on that topic, although she did not give it to Mr D until he returned to work on 4 July 2018. [40] Mr S denied either receipt of the incident form on 3 July 2018 or that he spoke to Mr D...

2. Adoption in Aotearoa New Zealand: Summary document [pdf, 325 KB]

   ...exceptional circumstances. These rules don’t necessarily show how suitable an applicant would be to raise a child. They also don’t reflect modern family and whānau structures or acknowledge concepts of gender identity and gender fluidity. The Human Rights Review Tribunal has said the rules are discriminatory on the basis of marital status, age and gender.1 Step-parent and relative adoptions are able to take place under Aotearoa New Zealand’s law. We want to hear your views...

3. OIA-97276.pdf [pdf, 7.3 MB]

   ...considered when making an adequacy decision? Article 45 of the GDPR requires the European Commission to take into account the following when deciding whether a country offers an ³DGHTXDWH OHYHO RI SURWHFWLRQ´� x The rule of law, respect for human rights, including laws on public security, defence, national security and criminal law and the access of public authorities to personal data. x Data protection rules, professional rules and security measures, including rules for the onwa...

4. Melrose v Porter - Torere Section 58 [2022] Maori Appellate Court MB 209 (2022 APPEAL 209) [pdf, 360 KB]

   ...under appeal. 24 Taueki v Proctor – Horowhenua 11 (Lake) Block (2021) 437 Aotea MB 86. 25 Rātima v Sullivan - Tataraakina C (2017) 64 Takitimu 121 at [142]. 2022 Māori Appellate Court MB 221 where significant costs are incurred (both human and financial) if hui are conducted on an incorrect footing and have to be repeated.26 [30] There are a number of examples where the Court has given clear and explicit directions preventing a particular person from standing for re-ele...

5. [2021] NZACC 124- Singh v ACC (4 August 2021) [pdf, 355 KB]

   ...for personal injury. The injury must be caused by an accident to the person. Accident in s 25 is defined as a specific event or series of events, other than a gradual process, that involves the application of force or resistance external to the human body. Section 25(3) makes it clear that the fact a person has suffered a personal injury does not mean that personal injury was caused by an accident. Section 26 of the Act provides that personal injury does not include persona...

6. [2021] NZACC 21 - Pentecost v ACC (28 January 2021) [pdf, 231 KB]

   ...circumstances described in section 21; or (da) work-related mental injury that is suffered by a person in the circumstances described in section 21B; or (e) damage (other than wear and tear) to dentures or prostheses that replace a part of the human body. … (2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h). [29...

7. LCRO 177/2021 FA v LL (14 March 2022) [pdf, 238 KB]

   ...more readily appear to shake off the effects of another’s egregious behaviour. Any compensation for hurt and humiliation in those circumstances, will reflect that. The emphasis is on restoring a victim of wrongdoing. 16 See for example the Human Rights Act 1990 and the Privacy Act 2020. 20 [127] Further, comparison with awards of compensation for hurt and humiliation in other jurisdictions is not necessarily helpful or instructive – again because of the entirely subje...

8. v2.3-Induction-guide-for-legal-aid-providers-April-2017.pdf [pdf, 714 KB]

   ...• breaches of contract • defamation • bankruptcy. Civil legal aid may also be available for 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 and Māori Appellate Court • Refugee Status Appeal Authority • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal....

9. OIA-105083_Part1.pdf [pdf, 8.7 MB]

   ...seeking their criminal record check / history. You can use our standard lines to direct the requester to the appropriate in box or form to request this information. The requester may be a former employee and may be seeking information held by the Human Resources function or their previous Manager/s. This will need to be logged and directed to People and Performance or their previous business unit, as appropriate. Many requesters do not provide their date of birth or reside...

10. Tucker v Accident Compensation Corporation (Personal Injury and Social Rehabilitation) [2024] NZACC 78 [pdf, 255 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 “...