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1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 6 Reference No. HRRT 027/2013 UNDER THE PRIVACY ACT 1993 BETWEEN KAREN MAY HAMMOND PLAINTIFF AND CREDIT UNION BAYWIDE DEFENDANT AT NAPIER BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Mr BK Neeson JP, Member REPRESENTATION: Ms KM Hammond in person supported by Ms J Gooding as McKenzie friend Mr AJ Harris and Mr GJC Ferguson for defendant DATE OF HE
...influence over the management or administration of the entity. (4) This section does not apply to proceedings for offences. [20] Section 142W of the Act is inserted in s 75 of the Holidays Act merely for the purposes of definition. In this case, no claim is made for a penalty under the Employment Relations Act against either the employer or the person who was involved in the failure by the employer to comply. [21] The legislation shows that the action for which the employer is l...
...Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 12 Z v Dental Complaints Assessment Committee, above n 11, at [97], [101]–[102] & [112]. 13 [67] The Tribunal has received from the Registrar the statement of complaint (21 May 2020), with a file of paginated supporting documents. [68] There is a statement of reply (31 July 2020) filed by Ms Toni Alexander, a licensed immigration adviser, representing the complainant. [69] Mr Mos...
...determination of the Committee was wrong in one of the four ways identified in the Kacem and Smith cases. [44] Mr Matsis submits that there is no prima facie evidence of corrupt, unethical or deceitful behaviour by any respondent and that the appellant’s claims that the agents refused to allow prospective purchasers to view the property are not credible. [45] Mr Matsis noted that the appellant admits that, as late as 12 April 2005, he made it clear to all concerned that his home was...
...Harriman stating that her inclusion in the purchasing entity (the JMAR Trust) was an error on his part as Ms Adams had only ever intended to be a lender of finance and not a purchaser. This claim was repeated at subsequent meetings and in affidavits and statements filed with the CAC. [14] The CAC alleged that there was an agreement between Ms Adams and Mr Harriman proximate to the auction of 19 Palmer Crescent on (8 September 2010) that they would be involved together in the purchase...
...not aware of, and gave the complainants no advice about, the restrictive covenant. [12] After purchasing the property and realising that they would not be able to use it as a wedding venue as they had intended, the complainants brought a civil claim against the vendors, the licensee's agency (CD Realty (HB Ltd (Bayleys))) and their own solicitors. The claim was ultimately discontinued, without prejudice to the complainants' ability to complain to the Real Estate Agents Autho...
...Instructions document” were made without any evidence to support them.8 She submits that Mr VH was denied natural justice as the Committee did not give him the opportunity to respond to this proposition. [62] On review, Mr VH has provided a 16-page statement detailing his involvement with this matter. He has now been provided with that opportunity. Mr VH says that he was the lawyer with primary carriage of the file on a day to day basis from the time Ms
...Commissioner new tools to identify and respond to privacy breaches. It also contains some offence provisions, such as for failure to notify a privacy breach, failure to comply with a compliance notice or access order, or for giving a false 9 statement. Offences are punishable by a fine of up to $10,000. There is no penalty for breaches of the Information Privacy Principles themselves, even if they are serious. 51. Forty-four submitters commented on the compliance and pena...
...The court found that even though officers were engaging in their normal duties, the Council did not incur any extra cost by reason of them undertaking those duties. Thus, the court did not consider it is appropriate to encourage councils to claim costs to recompense them for officer salaries. [19] The D-G and F&B submit that it is a standard principle that costs of in- house expert witnesses are recoverable. They submit that the differences between the role of the parties a...
...Mr J Miller for appellant Mr P McBride for respondent DECISION Introduction [1] The appeal is brought as a form of class or representative action under the aegis of the named appellant and 20 other appellants in respect of retrospective claims for backdated attendant care payments under the 1972 and 1982 Acts. [2] At the Authority’s direction, Mr Miller filed three Bundles of Documents to identify each appellant’s date of accident, their age at the date of accident, their...