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1. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...these contractual obligations. In particular, an assessment of the foreseeability of harm and its risk must take account of the current state of knowledge and not be made with the benefit of hindsight. Relevant to this assessment is the size and resources of the employer. As Miss Buckett submitted, Sovereign is a large commercial business with a human resources department and is in the business of providing risk assessment to others....

2. [2009] NZEmpC AC 31/09 Ora Ltd v Kirkley [pdf, 80 KB]

   ...private institution funded by the Te Wananga O Aotearoa and its business was educating immigrants through settlement programmes it ran. Mrs Kirkley’s responsibilities included internal administration, finance, information technology, and human resources. She was part of the management team. In the first 18 months the plaintiff enrolled some 1,000 students. The student role started to drop off early in 2005. Towards the end of that year the managing director, Rob Pickstock, re...

3. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

   ...laws in New Zealand protected Maori culture and customary practices. Examples were the Treaty of Waitangi (Fisheries Claims) Settlement Act of 1992, providing for the recognition and protection of non-commercial customary fisheries rights, and the Resource Management Act of 1991, recognizing Maori customs in relation to natural and physical resources. In terms of common law, the courts had developed a number of requirements for the recognition of custom law, including the use of qualifie...

4. Justice Matters July 2019 [pdf, 3.5 MB]

   ...venue closest to where the case has been brought. Although the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a c...

5. Justice Matters - issue 15 - July 2019 [pdf, 3.5 MB]

   ...venue closest to where the case has been brought. Although the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a c...

6. Rātima v Sullivan - Tataraakina C (2019) 79 Tākitimu MB 103 (79 TKT 103) [pdf, 488 KB]

   ...NZLR 392 at 395 5 Willis v Barron [1902] AC 271 (HL) 6 Re Macadam v Codd [1945] 2 All ER 664, [1946] Ch 73 79 Tākitimu MB 107 substantial, that is hardly the point. Trustees are not entitled to help themselves to trust funds, property or resources without the consent of the Court. It is also well settled, that where appropriate, a trustee may make a claim for a commission for conduct that has led to an enrichment of the trust, but even in those circumstances, the Court’s ap...

7. [2021] NZREADT 52 - QH v KE, SE & Agency (14 October 2021) [pdf, 299 KB]

   ...marketing campaign. [77] In addition, QH was not in fact misled by any of the online or print listings and he always knew that the property was not residential. This was based on his own inspections and his discussions with the agents that a resource consent would be required. 4 At [31]–[32]. 13 [78] It is accepted that r 6.4 of the Professional Rules may be breached even without an intention to mislead. The highest and strictest standards in terms of the legisla...

8. Local Government Bill [pdf, 440 KB]

   ...their communities • Encourage greater local government co-operation • Enhance local authority decision-making • Provide for a more open decision-making process • Give local authorities more responsibility for sustainable management of the resources in their area. RELEVANT BILL OF RIGHTS ACT PROVISIONS Section 5 6. Where a provision is found to be prima facie inconsistent with a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can...

9. [2022] NZEmpC 141 E Tū Inc and ors v Carter Holt Harvey LVL Ltd [pdf, 356 KB]

   ...might apply to that employee. The remaining days within that period were public holidays, which would be paid in accordance with the Holidays Act. [15] That approach was confirmed and, at around 4 pm on 23 March 2020, a conference call with Human Resources representatives from across the CHH Group was convened. During that call, the Human Resources representatives, including Ms Hirst, Carter Holt LVL’s Senior Human Resources Advisor, were briefed on the approach that would be t...

10. Arthur v Accident Compensation Corporation (Vocational Independence) [2023] NZACC 36 [pdf, 253 KB]

    ...certainly hold him in good stead going forward into the workplace when he has recuperated from his injuries. Eoin has therefore successfully completed his computer training that it typically encountered in the work type options of Stock Clerk, Human Resources Clerk, Recruitment Consultant and Sales Representative (groceries). [48] Mr Arthur was subsequently supported with a work readiness programme, which included further physiotherapy. [49] On 18 July 2017, a further FCE was un...