Search Results

1. [2022] NZEmpC 52 Fechney v Employment Relations Authority [pdf, 382 KB]

   ...that the two attached documents will assist the Authority in its decision-making process: the Border Executive Board was chaired by the Chief Executive for Customs New Zealand, and was tasked with informing Cabinet and the Minister of COVID-19 Response about employment-related vaccination issues. It is apparent to me that there was an inherent bias with the Vaccination Order. I understand that this is outside the jurisdiction of the Authority, and proceedings are commencing in the...

2. Greenslade v Commissioner of Police (Human Rights Act) [2021] NZHRRT 53 [pdf, 248 KB]

   ...investigation of his performance on this test we would be adopting too greater (sic) risk than reasonable for Police and potentially setting up for significant challenges and stress both in the training and operational environment. We have HSE Act responsibilities to minimise this risk and so this weighs heavily against waiving the standards on this occasion. My strong recommendation is that this candidate be provided detailed feedback on this and that we offer to refer him to a neuro ps...

3. Compensation-for-a-Wrongly-Convicted-and-Imprisoned-Individual-FINAL.pdf [pdf, 1.4 MB]

   ...result of the District Court's decision, Mr- is eligible to apply for compensation under the 2020 Compensation Guidelines f�ngful Conviction and Imprisonment ('the 2020 Guidelines'). Under the 2020 Guidelines, the Minister of Justice is responsible for considering compensation claims and advising Cabinet on them. Cabinet must agree to any payment of compensation. 8. A person who is eligible to apply under the Guidelines may be compensated only if Cabinet is satisfied on the...

4. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [pdf, 212 KB]

   ...was clearly written in her employment contract, available to Mr Li since the first day she approached him. He was super confident and did not make her aware of the risks prior to signing the service agreement. [72] The complainant has filed a response (6 February 2022) to Mr Laurent’s memorandum (26 January 2022). She said Mr Li had advised her on 3 October 2018 that her commission met the immigration criteria since it was guaranteed income. Therefore her guaranteed annual in...

5. OIA-109631.pdf [pdf, 3.4 MB]

   ...tougher approach to sentencing. The commitment to establish gang membership as an aggravating factor is included in a companion paper focused on addressing gang crime. Delivering your policies within 100 days 3. “Restoring law and order and personal responsibility” is a flagship policy for the Government. The Government is committed to strengthening consequences for crime, increasing support for victims, and ensuring offenders receive proper rehabilitation. That commitment includes remov...

6. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

   ...9, 12(3), 14(1), 15(2), and 15(2A). … (3) Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment 22 and written authorisation upon initial entry and in response to any later reasonable request. [67] Mr Olney submitted in summary, that s332(1) requires that the local authority specifically and separately authorise in writing the exercise of the power in that section. Further, he submitt...

7. Emtage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC166 [pdf, 288 KB]

   ...away and seek medical attention?” she recorded: Completed shift. Carried on working thinking it will get better. Getting dressed, turned the wrong way, hip gave way while getting dressed felt like hip was dislocated. 6/5 9.10am. [14] In response to the question “Do you have any ongoing symptoms?”, Ms Emtage recorded: “Range of movement minimal painful. Not strong, no twisting”. The report noted that she had had physiotherapy treatment, an x-ray, and an MRI requested...

8. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

   ...diagnoses to date. 7. There is a background history of chronic fatigue dating back to 2016. 8. The initial psychology assessment (6 June 2019) indicated the presence of potentially influencing psychosocial factors, mood change, and significant responses on mood, anxiety, and pain catastrophising scales. Neither Dr Chancellor nor Dr Farnell are specialist psychiatrists. I strongly support the PA opinion for a Psychiatrist MICPI. [27] On 31 March 2020, Ms Hartley’s GP, Dr Pamela H...

9. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...2020, Dr Monigatti further reported: Mr Toafa has clear evidence of long-standing abutment and a large central perforation of the triangular fibrocartilage complex, which together with osteoarthritis of the distal radioulnar joint is likely to be responsible for his pain and incapacity. In the absence of symptoms or signs on the radial side of the wrist, and with no evidence of scapholunate pathology I would regard the radial-sided ganglion as an incidental and subclinical finding....

10. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

    ...mining company operating within its district in Hay v Waitaki District Council26 (Hay). [70] However, Hay was decided in the context of a factual background where that monitoring function had been attributed to the mining company as the person responsible for preparing an assessment of effects for resource consent application and not to the Waitaki District Council. [71] Hay identified the real underlying issue with respect to the declarations being sought, being whether the r...