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1. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...INTRODUCTION [1] These proceedings under Part 4 of the Health and Disability Commissioner Act 1994 (HDC Act) have been brought by the Director of Proceedings (Director). [2] At the relevant time Mrs Smith [this is the name given to the defendant to protect her identity in compliance with the suppression orders made in this decision at [141]] was a registered midwife employed by the Taranaki District Health Board (Taranaki DHB) as a hospital midwife at Taranaki Base Hospital. These proc...

2. Appendix 2 Draft Annex to 23rd-24th Reports under the Convention on the Elimination of Racial Discrimination [pdf, 420 KB]

   ...meaning, plan, practice, convention, protocol - the customary system of values and practices that have developed over time and are deeply embedded in the social context Tuituia: A recently introduced assessment tool for Statutory Social Work Child Protection that is based on Māori philosophical beliefs about care Whakapapa: Genealogy, lineage or descent Wānanga: Tertiary school characterised by teaching and research that maintains, advances, and disseminates knowledge and develops...

3. BORA Policing Bill [pdf, 415 KB]

   ...will therefore be approached in light of section 6 of the Bill of Rights Act. This means that clause 34 is to be given a meaning that is consistent with the guarantee of freedom of expression under the Bill of Rights Act. Powers relating to the care and protection of intoxicated people 76. Generally, the Bill contains provisions authorising the detention of intoxicated persons where they are incapable of protecting themselves from physical harm, likely to cause physical harm to ano...

4. Family violence information sharing guidance [pdf, 3.4 MB]

   ...information that they provide. It’s also important to remember the way you record information may cause harm if it’s inaccurate or based on unsubstantiated claims. Once information is on file, it often becomes the accepted version of events. Take care to record things factually and, if you’re not sure if something is correct, check with the person whose information it is. For more on ensuring information is accurate, see Principle 6. Information must not be shared: • if it...

5. Sharing Information Safely [pdf, 3.4 MB]

   ...information that they provide. It’s also important to remember the way you record information may cause harm if it’s inaccurate or based on unsubstantiated claims. Once information is on file, it often becomes the accepted version of events. Take care to record things factually and, if you’re not sure if something is correct, check with the person whose information it is. For more on ensuring information is accurate, see Principle 6. Information must not be shared: • if it...

6. Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 [pdf, 434 KB]

   ...cerebral palsy,4 which affects his left side in particular. Eamon has limited use of his limbs, and his functional ability is around the age of an infant.5 He is fully dependent for continence, bathing, and dressing, as well as all other day-to-day care needs. He is non-verbal and has poor eyesight. Eamon receives a number of different medications and, of note, suffers from seizures and receives medication to minimise his risk of experiencing seizures. … [2] Because of Eamon’s h...

7. [2024] NZEnvC 141 Van Den Brink Group v Waikato District Council [pdf, 401 KB]

   ...be reduced to 3m;6 and (b) In relation to Council’s submission regarding water body building setbacks, the s42A report author supported the amendment, noting that it would align the PDP rules with the esplanade requirements and provide for the protection of natural character.7 Appeal [5] The Appellant subsequently filed this appeal seeking, amongst other amendments, that COMZ-S7 in the COMZ chapter of the PDP decisions version be amended so that building setbacks from riverbanks (ex...

8. A modern and victim focussed Act [pdf, 393 KB]

   ...safety arrangements; • modernising the Domestic Violence Act so that is accessible and easy to navigate; • amending and adding to the Bill’s principles to target coercive and controlling behaviour, and patterns of behaviour; • specifying carer relationships in the definition of family relationship to signal that recipients of care are particularly vulnerable to family violence; and • specifying dowry abuse in the definition of family violence to raise awareness of the issue...

9. HR v OW and CT LCRO 79/2014 (18 May 2015) [pdf, 95 KB]

   ...lawyers’ unprofessional behaviour in refusing to pay him, referring to their failures to make any concessions or good-faith attempts even to resolve the undisputed portion of the account in a timely manner. Mr HR’s complaint is fulsome, and carefully worded. [18] He refers to his instructions from the lawyers requesting his expert opinion, and says that the lawyers imposed no constraint on the time he should spend in preparing his report. He says he provided his expert opini...

10. BORA Health and Safety Reform Bill [pdf, 291 KB]

    ...be secure against unreasonable search or seizure 6. Section 21 of the Bill of Rights Act affirms the right of everyone to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise. Section 21 protects against activities constituting a “search or seizure” that are “unreasonable” in the circumstances. A request for information or documents constitutes a search for the purposes of s 21. 1 7. The Court of Appeal stated that the...