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1. BORA Copyright (Artist’s Resale Right) Amendment Bill [pdf, 302 KB]

   ...CONCLUSION 18. Based on the analysis set out above, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Advisor Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights Team 1 Butlers The New Zealand Bill of Rights Act: A Commentary (Wellington: 2005) at 13.27. 2 [1989] 1 S.C.R. 1038. 3 See Moonen v Film Literature Board of Review [2000] 2 NZLR 9 and R v Oakes [1986] 1 S.C.R. 103. In addition...

2. Deeming v Whangarei District Council (Discovery) [2015] NZHRRT 37 [pdf, 72 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 37 Reference No. HRRT 004/2015 UNDER THE PRIVACY ACT 1993 BETWEEN LAWRENCE WAYNE DEEMING PLAINTIFF AND WHANGAREI DISTRICT COUNCIL DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mr LW Deeming in person Ms KE Candy for defendant DATE OF HEARING: On the papers DATE OF DECISION: 26 August...

3. [2009] NZEmpC CC 8/09 Safe Air Ltd v Walker [pdf, 56 KB]

   ...and was subsequently appointed to a position with Safe Air as a stores person. [7] Before he started work, Mr Walker was given an extensive induction programme spread over 2 days. This included a substantial component conducted by one of the human resources staff. In the course of that induction process, Mr Walker was made aware that the operations of Safe Air were subject to stringent requirements as to safety and security. He learned that the detailed policies of Safe Air relat...

4. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

   ...for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 27 July 2022 (REDACTED) DECISION OF TRIBUNAL1 1 [This decision is to be cited as Director of Proceedings v Ramsden [2022] NZHRRT 25. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2022] NZHRRT 25 I TE TARAIPIUNARA MANA TANGATA 2 [1] These proceedings under the Health and Disability Commissioner Act 1994 were filed on 3 May 2022. [2] Prior to the filing of the proceedings the parties r...

5. [2015] NZEmpC 71 Knapp v Locktite Aluminium Specialities Ltd [pdf, 174 KB]

   ...confirmed that the Suttons should go ahead with the termination of his employment and “fill out the paperwork.” [8] The Suttons did not immediately “fill in the paperwork” as Mr Knapp had requested. Rather Mrs Sutton asked the company’s human resources adviser to speak to Mr Knapp. Mr Knapp advised the human resources adviser that he required a minimum of 25 hours of work each week and that he would not sign anything unless that was guaranteed. [9] The Suttons agree...

6. Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 [pdf, 185 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 36 Reference No. HRRT 012/2013 UNDER THE PRIVACY ACT 1993 BETWEEN GORDON HENRY HOLMES PLAINTIFF AND HOUSING NEW ZEALAND CORPORATION DEFENDANT AT DUNEDIN BEFORE: Mr RPG Haines QC, Chairperson Ms WV Gilchrist, Member Ms ST Scott, Member REPRESENTATION: Mr GH Holmes in person Ms CP Paterson for defendant DATE OF HEARING: 12 and 13 November 2014 DATE OF D...

7. EN v T Ltd [2023] NZDT 726 (20 December 2023) [pdf, 175 KB]

   ...breach. The right to reject the goods only applies to a claim against the supplier of the goods. The manufacturer has a defence against a claim if the goods fail to comply with the guarantee of acceptable quality because of a cause independent of human control occurring after the goods have left the manufacturer’s control. 9. I have considered the evidence and I find that EN is not entitled to compensation. I say this because: a. EN has not shown that there is anything wrong w...

8. [2014] NZEmpC 40 Dumolo v Lakes District Health Board [pdf, 157 KB]

   ...Removal of organisational property without authorisation on 24 April 2010, i.e. unauthorised removal of Lakes District Health Board property/dishonesty. The meeting was attended by yourself; your representative, Dr Lloyd Lang; Hannes Schoeman, Human Resource Manager; and myself. As discussed at the meeting, regarding the first allegation, it was decided to give you the benefit of the doubt that the write protect on the back-up tape may have moved halfway to the “off position�...

9. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...Bill of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 8.Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis. 9.The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparable...

10. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

    ...unjustified dismissal. Particulars are only sought in relation to the breach of contract. Materially, the plaintiff pleads that: • He had raised concerns about workplace health. • There were internal deficiencies in the administration of human resources. He was entitled to but did not receive clinical support or accurate and timely information about key risks and problems including about another psychiatrist, Dr Fisher. • The defendant failed to respond to serious underst...