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1. Have your say on the family justice system [pdf, 1.1 MB]

   ...of family violence and how this affects parenting and children; children with disabilities and/or disabled parents; f) is cost-effective, with reference to financial sustainability for the Crown given the various drivers of cost, capability and resources. C. The panel will consult with children and young people (including Māori children and young people), Māori, Pacific peoples, academics, the Judiciary, the legal profession, disabled people, relevant professional groups, communit...

2. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

   ...keep the client advised of alternatives to litigation that are reasonably available. By imposing this duty, the rule aligns with the approach taken in the International Code of Ethics.21 [113] With the intention of avoiding the expenditure of resources, cost and uncertainty of outcome with litigation, many commercial contracts typically provide alternative disputes resolution (ADR) clauses, which may include the obligation of the parties to first, negotiate in good faith and, if un...

3. [2020] NZEmpC 46 JCE v The Department of Corrections [pdf, 321 KB]

   ...distress and that was not disturbed in the subsequent appeal. In that case the employee had been a probation officer exposed to unnecessary and avoidable workplace stress over many years, arising from work overload, management failure and office and resource deficiencies.15 He had suffered a severe impact on his health as a result of the breaches and was found to be significantly disabled because of the employer’s actions. [51] In Brickell, which was an action in tort, the Hig...

4. Matsuoka v E Tū Incorporated (Preservation Orders) [2018] NZHRRT 49 [pdf, 824 KB]

   ...This submission fails to take into account two significant factors. First, all proceedings before the Tribunal currently face substantial delay. This is not the fault of the parties. The cause is systemic in that the Tribunal has been grossly under-resourced for a substantial number of years and it has taken me, as Chairperson, at least five years to get Government to remedy the problem. Cross-reference must be made to Wall v . Fairfax New Zealand Ltd (Delay) [2017] NZHRRT 8. The Human Ri...

5. Recommendations recap - issue 2 [pdf, 1.7 MB]

   ...retailers and identify those where abusers are obtaining inhalants; that an annual audit process is implemented whereby compliance with the retailer code of conduct can be measured. The Victorian Department of Human Services developed a suite of resources titled Responsible Sale of Solvents – A Retailer’s Kit in 2002 which addressed retailers obligations under the Drugs, Poisons and Controlled Substances Act 1981 (Vic), as well as strategies for how to store solvents in s...

6. Wall v Fairfax New Zealand Ltd [2017] NZHRRT 17 [pdf, 1.1 MB]

   ...child poverty that pose distinctive policy challenges and require distinctive responses, including being mindful of whānau dynamics. It is important to recognise the impact of the experience of colonisation on Māori. The alienation of land and resources has seen the loss of a cultural and spiritual base and the loss of an economic base (Cram, 2011). Any analysis of the financial and material deprivation of whänau today is incomplete without understanding this context (Baker K., et....

7. International Covenant on Civil and Political Rights - 3rd report [pdf, 96 KB]

   ...CCPR/C/64/Add.10 page 18 Sanitary installations : Rule 12 provides for adequate sanitary installations to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. These standards are not always met due to lack of resources. However, in recent years several hundred cells have been constructed containing toilet facilities and work is proceeding to instal toilets in existing cells. Pre- and postnatal facilities : Rule 23 (1) provides that women’...

8. [2014] NZEmpC 189 H v A Ltd [pdf, 349 KB]

   ...interviewing them. On the same day, aware that a complaint was being lodged, Mr H prepared a summary of the events which he submitted to management later in the process. [30] Mr Pearce met first with Ms H on 23 August 2013. Ms R Chapman, a Human Resources Consultant, also attended and took a note of the questions asked and answers given. The same process was adopted with regards to all witnesses other than Mr H as will be explained more fully below. [31] On the same day, Mr P...

9. BORA Public Health Bill [pdf, 617 KB]

   Public Health Bill 22 November 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: PUBLIC HEALTH BILL 1. On 14 November 2007, we provided you with preliminary advice as to whether the Public Health Bill (PCO 7138/21) ('the Bill') is consistent with the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). We have now had an opportunity to review version 22 (PCO 7138/22) of the Bill. We understand that the Bill

10. [2017] NZEmpC 77 Idea Services Ltd v Crozier [pdf, 413 KB]

    ...Crozier’s ability to undertake her work. [55] No further formal steps were taken with regard to the health concerns held by THL managers until November 2012. At that time, Mr Moles sought advice from Ms Michelle Atkins-Gilbert, an IHC Human Resources Consultant, as to the appropriate process were he to raise concerns as to Ms Crozier’s physical ability to perform CSW duties because of increased health problems. When seeking advice, however, Mr Moles acknowledged that...