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1. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...fully understand how it could meet its obligations to both her and ONM. [45] Also, on 2 May 2019, evidence for the intended hearing on 7 May 2019 was filed by ONM, being an affidavit from Ms C, and a brief of evidence from Ms D, a member of its Human Resources team. These witnesses provided detailed information as to the steps taken by ONM since the date of settlement, including those summarised above. Ms C acknowledged ONM was adopting a very cautious approach to the RTW issues...

2. ORC - EIC - Kerstin Strauss - 15 October 2021 [pdf, 7.3 MB]

   ...for resource consent for discharges managed under section 12.C of the RPW. The rules in section 12.C cover a wide range of discharges, including from rural activities such as 6 animal waste systems and silage storage, but not discharges of human sewage, hazardous substances, hazardous wastes, specified contaminants, stormwater, or from industrial or trade premises or consented dams. 21 Due to the broad nature of the policy, including the list of 11 matters that regard is to...

3. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...victims of violence and abuse are suffering extraordinary levels of discrimination and abuse via the Family Court process. 3. New Zealand’s commitments under international law obligates our government and judiciary to protect and promote the human rights of citizens who are subject to New Zealand’s family law and party to proceedings in the New Zealand Family Court – whether as applicants or respondents. 4. We believe that the issues we outline in this submission constitute s...

4. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...boundary and, even if it may be given inadvertently, to exclude or at least diminish its weight significantly in the judgment. [25] As to the plaintiff’s objection to “advocacy” through evidence, this is also often a matter of fine judgment. Human litigants, and often the human decision makers within corporations, have much invested in their earlier acts and omissions and a very real interest in persuading a court that these were justifiable. So it is inevitable human nature...

5. [2019] NZEnvC 159 Auckland Council v Noe [pdf, 826 KB]

   ...resource consent. 2. The interim enforcement order sought under ss 314(1)(a)(ii) and 314(1)(da) is sought on the basis that it is necessary to avoid, remedy or mitigate actual or likely adverse effects on the environment, including: a. risks to human health associated with the placement of contaminated fill, including asbestos containing material; b. the immediate risk to soil and water quality associated with the placement of uncertified contaminated fill containing a combination of...

6. ORC-Proposed-Plan-Change-1-Dust-suppressants-ande-landfills-6-July-2020.pdf [pdf, 810 KB]

   ...chemicals and the spreading of waste oil on roads. Objectives 6.3.1, 6.3.2 Policies 6.4.1 - 6.4.12 6.2.6 [Unchanged] 6.3 Hazardous substances and hazardous waste objectives 6.3.1 To avoid, remedy and mitigate the risk to the environment and human health from hazardous substances and hazardous wastes. Explanation Otago’s environment, including its communities, must be protected from the adverse effects of hazardous substances and hazardous wastes, associated with le...

7. LCRO 13/2021 ZW v HN (25 November 2021) [pdf, 250 KB]

   ...regulations and policies governing the treatment to be accorded to prisoners. [5] In 2013, Mr HN applied for legal aid to assist him with a civil claim he was intending to take against the Crown. Mr HN’s claim related to what he described as inhumane treatment he had been subjected to by the Department of Corrections in 2011 and 2012. [6] Mr HN’s treatment had been the subject of investigation by the Ombudsman. The Ombudsman’s findings were released in May 2016. [7] Mr HN�...

8. [2007] NZEmpC WC 22/07 Tawhiwhirangi v CE of the Department of Corrections [pdf, 97 KB]

   ...relevant collective agreement provides that “Before any substantive disciplinary action is taken an appropriate investigation is to be undertaken by a manager.” An “appropriate investigation” includes one conducted under the employer’s own Human Resources Manual. Therefore, if the employer has not followed his own process, that can be the subject of a compliance order. [3] As developed in argument by his counsel, the defendant’s jurisdictional submission was that the...

9. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...Activities: (a) Proposed sites for any purpose other than for road, open space or a designation where a building platform is identified on the plan of subdivision. The building platform shall be designed to allow for development likely in the relevant Human Environment Rules. Assessment of Controlled Activity applications will be limited to the matters of design, location and construction and will be considered in accordance with Assessment Criterion 2(a). [31] A building platfo...

10. [2007] NZEmpC AC 57/07 CE of the Department of Corrections v Imo [pdf, 92 KB]

    ...conclude that he had misconducted himself: … … … “(i) You guys are aware that when you are angry, yeah you just gotta deal with it. it’s not about you, its just about the system, and work, and politics within that.” “(ii) I’m human, I make mistakes but that’s not what I’m pissed off. I’m pissed off is all about my own, my own management, my work that I do.” “(iii) They can sack me but as long as I know that I have given you the best I don’t r...