Search Results

1. 220412 Detailed funding proposal template April 2022 [docx, 282 KB]

   ...proposal? Maximum 300 words. A risk is something that hasn’t happened yet but has some probability of occurring (add more rows if required). · List the key risks involved. Consider risks that relate to reputation, public confidence, deliverables, human resources, and finances. · Consider the consequence or impact of each risk – minimal impact to the programme and agency or severe political/reputational damage, employees are harmed, severe impact on service delivery. · Consider the like...

2. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

   ...conclusion, we have given particular emphasis to the purpose of this legislation, and the need to create a workable drinking-water regime. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Adviser Bill of Rights/Human Rights Team Footnotes 1 The Bill defines "designated officer" to include a person designated as a Medical Officer of Health, a Health Protection Officer, or as "an officer who has functions, duties, or powers under t...

3. BORA Waste Minimisation (Solids) Bill [pdf, 410 KB]

   ...CONCLUSION 36. We have concluded that the Bill is consistent with the rights and freedoms contained in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Adviser, Bill of Rights/Human Rights Public Law Group Footnotes 1 Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977) 2 [1989] 1 SCR 927 3 R v Jarvis 219 DLR (4th) 233 4 New Zealand Stock Exchange v Commissioner of Inland...

4. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...asserting they were ill-founded. Initially, the challenge was opposed, but in the process of filing submissions for the purpose of the disclosure challenge, MIT provided further documents. MIT’s current position is laid out in an affidavit of its Human Resources Business Partnering Manager, Ms Carolyn Pene. [6] The issues which remain are whether further disclosure by MIT would give rise to a disproportionate burden, and whether the documents sought are in fact relevant. I a...

5. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...subsequently dealing with unfit defendants. This meant that a person could be found unfit to stand trial and placed into secure care, even though that person had not committed the alleged offence. We consider this possible outcome to unacceptably limit human rights, natural justice and procedural fairness. 18. Not prescribing the order of the two inquiries was also considered infeasible. A variable approach would undermine procedural fairness and the certainty and consistency o...

6. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...of legal rights and obligations. Given such intention, it is sometimes unnecessary, even inappropriate, for parties to be accompanied by lawyers at mediation, especially if legal advice is readily available, for example by telephone. However, human nature being what it is, parties are frequently ‘lawyered up’ (as it is sometimes described colloquially) for mediations and the Court must take account of that reality. Good representation sometimes enables a just settlement to be...

7. ORC outline conditions for surface water takes [pdf, 176 KB]

   ...consent. Advice Note X: Water Testing for Drinking Water Use It is the responsibility of the consent holder to ensure that the water abstracted under this resource consent is of suitable quality for its intended use. Where water is to be used for human consumption, the consent holder should have the water tested prior to use and should discuss the water testing and treatment requirements with a representative of the Ministry of Health and should consider the following Drinking Water...

8. Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) [pdf, 254 KB]

   ...discovery of burials nearby and the fact that the actual boundaries of the Takamore urupā extend beyond the cadastral boundaries. Mrs Grace regards her land as wāhi tapu and states that she has been told that her land is likely to include areas of human interment. Mr Kamo also acknowledged those perspectives and agreed that there was potential for the land to be wāhi tapu. [33] Counsel submits that the Transport Agency’s evidence on the relevance of the sloping sand dune was...

9. Canterbury Westland Standards Committee v Taffs [2013] NZLCDT 13 [pdf, 94 KB]

   ...for any reason, an unsuitable person to share in the enjoyment of those privileges and in effect of discharge of those responsibilities, he is not a fit and proper person to remain at the bar. Yet it cannot be that every proof which he may give of human frailty so disqualifies him. The ends which he has to serve are lofty indeed, but it is with men and not with paragons that he is required to pursue them. ...” That case was of course concerned with a much more serious conviction of...

10. [2019] NZEmpC 18 Watts & Hughes Construction Ltd v De Buyzer [pdf, 315 KB]

    ...WHCL. I am satisfied there was an intention to satisfy the original condition for payment imposed by the Court. Some steps were taken in anticipation of a timely payment, but these were not completed. I find that the failure to do so was due to human error; the fault was not a deliberate one. [9] There was prejudice as far as Mr de Buyzer was concerned. He proceeded with enforcement; but Ms Mathieson submitted that was an issue which could be addressed by WHCL meeting those...