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1. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...[57] More contentious in this case is to what standard the parties have to prove their respective cases about the risks to the environment of Clifford Bay, and in particular to the Hector's dolphins which live there, and to the amenities of humans who live nearby. [58] It is beyond dispute that disputed facts in issue in proceedings under the RMA have to be proved on the balance of probabilities. In a case under the RMA in which one issue was whether certain land was waahi tapu -...

2. 2021-10-27 ORC - PC8 - Common Bundle - Volume 1 [pdf, 16 MB]

   ...[Repealed – 1 May 2014] 7.4 Issues related to non-point source discharges to water [Repealed – 1 May 2014] 7.5 Objective [Repealed – 1 May 2014] 7.A Objectives [Unchanged] 7.B Policies general [Unchanged] 7.C Policies for discharges of human sewage, hazardous substances, hazardous wastes, specified contaminants, and stormwater; and discharges from industrial or trade premises and consented dams 7.C.1 – 7.C.4 [Unchanged] 7.C.5 Minimise the adverse environmental effe...

3. [2010] NZEmpC 54 Chen v NZ Sugar Co Ltd [pdf, 42 KB]

   ...instead of 4.00 pm to avoid traffic. Ms Gilroy agreed to him leaving early on Fridays as a compromise but apparently Mr Chen was not happy that his request was not fully granted. [12] Matters came to a head in December 2007 when the then Human Resources Manager for NZ Sugar, Ms Catriona Strong, overheard Mr Chen speaking rudely to Ms Gilroy. This related to an issue of Mr Chen being asked to deliver a Christmas gift received from a customer to the human resources depart...

4. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...characterised as criminal. If the civil penalty proceedings are properly characterised as criminal the Bill would potentially be inconsistent with the criminal procedural rights affirmed by ss 24-26 of the Bill of Rights Act [12]. 21. The European Court of Human Rights has found some regulatory "civil" offences to be criminal [13]. However, the jurisprudence in respect of relevant provisions in the European Convention of Human Rights is such that the definition of "criminal...

5. [2018] NZEmpC 89 Lorigan v Infinity Automotive Ltd [pdf, 268 KB]

   ...referred his concerns to the Serious Fraud Office, who had advised that it did not intend to investigate as it did not meet their criteria for investigation. It also stated that he had raised the matter with the Financial Markets Authority and the Human Rights Commission but neither had investigated. [22] Then the letter referred to various parts of the Protected Disclosures Act 2000 (PDA), explaining how the statute extends protections to employees in both the public and private...

6. LCRO 150/2016 DN v [Area] Standards Committee (14 November 2018) [pdf, 182 KB]

   ...not be deprived of this important document. That is a value judgment which lawyers of good standing should recognise. [15] A passport ensures a person’s freedom of movement throughout the world. Article 13 of the Universal Declaration of Human Rights provides: everyone has the right to leave any country including his own and to return to his country. [16] Mr DN has affected the rights of his client and his client’s children. That is unacceptable conduct. [17] Following...

7. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...for pursuing Māori collective litigation, such as the Waitangi Tribunal, the Law Commission do not envision an increase in class actions in this area. However, they note that individual Māori plaintiffs could still benefit from using the system. Human rights 33 Approval of the attached Government response has no direct human rights implications. There are existing procedures for bringing group litigation under the Human Rights Act 1993.1 Gender implications 34 Approval of the Go...

8. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...the families in respect of the scope of the inquiry in order to fully respond to the issues raised in the December Minute. This point is expanded upon below in respect of the issues. 5. The families intended to support the application for the Human Rights Commission to be granted leave to intervene however the Coroner’s Minute of 1 February 2022 was issued prior to filing a submission in support. The families believe the Human Rights Commission has an important role to play in the...

9. D’Arcy-Smith v Ministry of Social Development [2023] NZHRRT 26 [pdf, 204 KB]

   ...established that Mr D’Arcy-Smith owed the Ministry of Social of Development (the Ministry). In 2018 after Mr D’Arcy-Smith received 1 [This decision is to be cited as D’Arcy-Smith v Ministry of Social Development [2023] NZHRRT 26.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 26 I TE TARAIPIUNARA MANA TANGATA 2 correspondence regarding the debt, he contacted the Ministry, and a case manager advised him twice that the debt would be written off. However, this did not h...

10. Proactive release – Government response to the Law Commission report: ‘‘Here ora: Preventive measures in a reformed law’’ [pdf, 570 KB]

    ...which permit an offender to be detained in a secure facility on prison land, though outside of the prison itself. 8 In 2021, the Commission was asked to undertake a review of preventive detention to address recommendations from a 2017 United Nations Human Rights Committee decision, Miller v New Zealand. This decision found that preventive detention breaches the protections against arbitrary detention under the International Covenant on Civil and Political Rights, and recommended that N...