Search Results

1. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...likely to receive a more severe sentence as a result of previous offending. First and foremost, criminal justice policy should be evidence-based and cognisant of system challenges such as inequity, bias, rights and liberties, and the intricacies of human behaviour. As the Law Society noted in its submission to the Select Committee, the Bill is not evidence-based.10 We are of the view that the options presented here serve to exacerbate this deficiency and will increase the severity o...

2. O’Rourke v Accident Compensation Corporation [2024] NZACC 166 (22 October 2024) [pdf, 279 KB]

   ...arthritis and a wide range of health issues including all the symptoms she currently attributes to the naproxen. 6. It is often very difficult in medicine to define unequivocally the links of causation between particular symptoms and their causes. Humans and their illnesses reflect very complex processes and symptoms from various causes often overlap in presentation. To further complicate matters, all medications can have side effects. 7. It is also common for symptoms to resolve whe...

3. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

   ...significantly reduce special votes which are administratively burdensome to process, while increasing electoral participation – because an elector’s details on the roll are more likely to be kept up to date.46 This is a less restrictive measure in human rights terms than the proposal for a 13-day registration deadline. Further, the fact that automatic updating of electoral details is predicted to be reasonably effective in cutting down special votes and therefore improving the speed...

4. Fast Dispute Resolution - Consultation on a new statutory adjudication framework [pdf, 665 KB]

   ...disputes and be simple to implement and use. Suitability: As it does not include all the checks and balances of a court process, statutory adjudication is not suitable for criminal matters or situations where there might be an abuse of power or human rights, or disputes that have a wider impact on society. The focus is on speed, so cases need to be relatively low complexity – i.e. low public interest, no other affected parties, largely cordial relationships, and evidence needs to...

5. Fast Dispute Resolution - consultation on a new statutory adjudication framework - Screen readable version [docx, 245 KB]

   ...resolution of disputes and be simple to implement and use. Suitability: As it does not include all the checks and balances of a court process, statutory adjudication is not suitable for criminal matters or situations where there might be an abuse of power or human rights, or disputes that have a wider impact on society. The focus is on speed, so cases need to be relatively low complexity – i.e. low public interest, no other affected parties, largely cordial relationships, and evidence needs...

6. [2025] NZEmpC 167 Lyttelton Port Company Ltd v Maritime Union of New Zealand and Anor [pdf, 330 KB]

   ...and do expire and are renegotiated. They are the product of compromise and opportunism.21 [52] Unlike arms’ length business contracts, and consistent with the theme of the Act, collective agreements are relational;22 they involve people and human interactions (not the economic exchange of money for goods) and occur within the framework of multi-faceted obligations, both statutory (such as mutual obligations of good faith) and common law (such as the obligation of fidelity and fai...

7. [2025] NZEmpC 186 Menzies v Corrigan [pdf, 309 KB]

   ...provides further context for others. He says the conduct complained of should be taken in jest – for example, his comment that lawyers who work in the employment jurisdiction “are incapable of dealing with matters that require the use of the human brain.” In any case, he notes he has already been admonished for the comments. [84] Mr Anderson also goes on to explain any intemperate language by him is the result of the deficiencies of counsel when they “fail to follow practic...

8. Seismic-Strengthening-of-Ministry-of-Justice-Courthouses.pdf [pdf, 11 MB]

   ...New Zealand Infrastmcture Commission and the Treasmy. The Treasury have advised that they supp01t option C. Legislative Implications and Regulatory Impact Analysis 35. There are no regulat01y or legislative implications arising from this paper. Human Rights 36. The proposal has no direct human rights implications under the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993. Gender Implications 37. There are no direct gender implications arising from this paper. Di...

9. [2018] NZEnvC 090 Cabra Rural Developments Limited v Auckland Council [pdf, 31 MB]

   ...Policy 9 of the New Zealand Coastal Policy Statement 2010. The revised criteria comprise six inclusion factors and four exclusion indicators. [56] At paragraph [6] the Court goes on to discuss the exclusion indicators, listed as: (a) it is a human modified or artificial structure or habitat (unless they have been created specifically or primarily for the purpose of protecting or enhancing biodiversity); (b) it is a site maintained for agricultural production for either native or non...

10. Final-Technical-Assessment-D-Landscape-Visual-and-Natural-Character-v2.pdf [pdf, 1.1 MB]

    ...the best fit from a landscape perspective at a district level. 4. The Ō2NL Project also fits landscape patterns at a finer scale within the constraints of engineering geometry for such a road. Such a fit helps reduce effects on natural and human aspects of landscape character and will contribute to aesthetic coherence between the highway and landscape. Nevertheless, there will be some unavoidable residual adverse effects on landscape character and amenity values, most notably a...