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1. [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...

2. 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...

3. 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...

4. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...instead of concluding that gaining a histological sample in a laparoscopic/open operation would be the appropriate way. He acknowledges that he missed an important opportunity to fully appreciate Mr A’s age and clinical symptoms, the limited resources at Thames Hospital, and Mr A’s desire for the least intervention possible. He takes full responsibility for his actions. Dr Platz has accepted there were steps that he should have taken that he did not and he sincerely regrets t...

5. [2021] NZEmpC 139 QDA v EKD [pdf, 336 KB]

   ...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 that...

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

   ...accessible. The Bill was therefore drafted to include the whitelist in regulations. 13. The EU’s adequacy process is long, intensive, and produces detailed reporting. New Zealand’s process will need to take into account our smaller size and limited resource. A streamlined process is consistent with the Bill’s flexible framework for overseas disclosures. However the assessment process will need to be robust enough to avoid exposing us to criticism or challenge from our key international p...

7. [2023] NZEmpC 74 Nelmac Ltd v Reunited Employees Assoc Inc [pdf, 339 KB]

   ...resolving disputes about the collective agreement that favoured ordering costs to lie where they fell. [114] Importantly, while in response to a previous interlocutory application the union had disclosed its small membership and limited financial resources, those matters were not referred to in opposition to the costs claim. Analysis [115] The Court has a broad discretion as to costs.36 The primary principle is that costs follow the event.37 There was no disagreement as to the...

8. LCRO 49/2022 & 93/2022 WU v MQ obo CT (25 August 2022) [pdf, 277 KB]

   ...also resign from his position as a trustee in the [CT] Trust. [CT] wants [WU] to have nothing to do with his estate or his trust, but as [CT] has now lost capacity he can not use his power to dismiss trustees. [WU] is currently wasting more trust resources in litigation in an attempt to gain more control of the trust and its assets, it has gone far enough and must stop. Mr WU’s response [25] Mr WU commenced his response to the complaint by describing his long- standing relationsh...

9. [2021 NZACC 148 – Sherborne v ACC (30 September 2021) [pdf, 389 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person's underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that the treatment did not achieve a desired result does not, of i...

10. When someone dies suddenly guide [pdf, 533 KB]

    ...and financial family and whānau arrangements. The CIDG investigation can take many months. Genetic tests take about two to three months. Organising the clinics and all the cardiac tests sometimes takes longer, depending on the health service resources and where family and whānau members are located. Do family and whānau members have to take part? No. This is a clinical service designed to help people find a cause of death for their family and whānau member, and to assess whet...