Search Results

1. [2011] NZEmpC 17 Clarke v AFFCO NZ Ltd [pdf, 108 KB]

   ...leading questions of a number of witnesses about significant disputed events and recorded selectively only some responses to questions which could have led to allegations of predetermination. The defendant is a substantial company with professional human resources staff and training programmes for relevant managers including in investigations that may lead to sanctions as serious as dismissal of employees. I recommend to the defendant that it take advice about its managerial train...

2. BG v TC LCRO 199/2013 (22 January 2015) [pdf, 46 KB]

   ...concerns. [33] Mr BG wants a retrial, to have his firearms licence back, and to be paid compensation by Mr TC for putting him in this position. He says he has taken other steps to try and recover his position, including laying a complaint to the Human Rights Commission alleging unlawful discrimination. [34] Other than his request for compensation, none of Mr BG’s concerns about the Police, the Crown or the Judge, or his requests for remedies, fall within the jurisdiction of thi...

3. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...emphasis to the purpose of the legislation, and the need to create a workable scheme for the regulation of non-competitive markets. Michael Petherick Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Bill of Rights/Human Rights 1 The term "input methodologies" refers to the rules, processes and requirements relating to regulation, such as how to calculate the cost of capital, value assets, allocate common costs, prepare regulatory account...

4. Electoral-Amendment-Bill-Supplementary-Order-Paper-Final.pdf [pdf, 1 MB]

   ...proposal as the threshold for significance is not met. Compliance 35 The Bill complies with: 35.1 the principles of Te Tiriti o Waitangi / the Treaty of Waitangi; 35.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 35.3 the disclosure statement requirements (a supplementary disclosure statement prepared by the Ministry of Justice is attached); 35.4 the principles and guidelines set out in the Privacy Act 2020; 35.5 relevant int...

5. Bigham v Budd - Waiokura Marae and Reserves Trust (2014) 331 Aotea MB 151 (331 AOT 151) [pdf, 154 KB]

   ...entitled to exercise their rights to free speech. The only caveat to that would be where any such comments breach court suppression orders, are defamatory or in contempt or are contrary to express legislative provisions. For example s61 of the Human Rights Act 1993. In this instance, a comment has been made which can be interpreted as relating to the time taken for a decision. As I pointed out to the parties on 18 December 2014 at Te Häwera, a judgment would issue within a week o...

6. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

7. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

   ...manager was also a director of DPL. There was some uncertainty as to his manager’s reporting lines, and the extent to which they changed post acquisition. There was no written confirmation that his reporting line had changed, and Ms Pedersen (Human Resources Generalist for TFNZL) confirmed in evidence that the usual practice would be to do so. It appears that his position title was changed to CMB Business Development Manager - Thermo Fisher Scientific at some stage after the ac...

8. BORA Maritime Security Bill [pdf, 59 KB]

   ...efforts must be made to avoid a ship that has been expelled being unduly detained or delayed (clause 30(5)(c)) • persons (including both crew members and passengers) who are on board a ship that has been expelled may leave the ship for emergency or humanitarian reasons (clause 30(5)(d)) • the exclusion of unauthorised persons from a port security area does not apply to passengers or crew members boarding or disembarking a ship that is situated in the port security area (clause 45(6...

9. BI v YP & Ors LCRO 115 / 2010 (4 April 2011) [pdf, 97 KB]

   ...service, which appears to be the rule relevant to the complaint. Rule 3.1 states: 6 3.1 A lawyer must at all times treat a client with respect and courtesy and must not act in a discriminatory manner in contravention of section 21 of the Human Rights Act. [22] The Applicant considered that the Standards Committee had not explicitly addressed this part of her complaint. I noted that the reasons for the Standards Committee’s decision included the following: It was the la...

10. [2012] NZEmpC 83 George v Auckland Council [pdf, 95 KB]

    ...George’s application, principally on the grounds that there was no conflict of interest which would disqualify the AC’s solicitors and counsel from continuing to act. An affidavit of Duncan Alexander Bremner, who held a number of positions in the human resources department of the Auckland Regional Council (ARC), now amalgamated into the AC, was filed in opposition. [3] Mr Drake relied on r 13.5.3 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care Rules 200...