Search Results

1. [2011] NZEmpC 21 Maddern v Worldxchange Communications Ltd [pdf, 154 KB]

   ...cranes continued to go missing from his artwork and so approximately a week later he felt compelled to remove them from his workplace. The personal grievance [19] On 13 January 2009, Mr Maddern sent a rather lengthy email to Ms Carol Eddy, the Human Resources Manager for WorldxChange, about the fact that he had laid a formal complaint in September against Mr Moore, the operations‟ manager, “for an incident that resulted in personal humiliation and emotional distress” but...

2. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

   ...Mauri; (b) Mana; (c) Tapu; (d) Raahui; (e) Kaitiakitanga; (f) Mātauranga; and (g) Taunahanaha. Mauri 44. Mauri is the vital energy force that gives being and form to all things in the universe, providing the interconnection between humankind and the natural environment. Decisions made and controls imposed were focused on sustaining the mauri to ensure that the balance was maintained between people and the natural and spiritual worlds.5 Respected Marutuuaahu kuia...

3. [2019] NZEnvC 042 Alliance Group Limited v Otago Regional Council [pdf, 451 KB]

   ...i. Soil biological diversitv: ii. Biological activity in soils: iii. Soil function in the storage and cycling of water, nutrients, and other elements through the biosphere: iv. Soil function as a buffer or filter for contaminants resulting from human activities, including aguifers at risk of leachate contamination: v. Soil fertility where soil is used for primary production: b J Where a J is not practicable, minimise adverse effects: cJ Recognise that urban and infrastructure deve...

4. BORA Border Security Bill [pdf, 72 KB]

   ...consider whether s 10 of the Crown Proceedings Act 1947 (UK), which exempted the Crown from liability in tort for injury suffered by members of the armed forces in certain circumstances, was compatible with Article 6(1) of the European Convention on Human Rights. [9] Their Lordships held that the Crown's exemption from liability in tort was a matter of substantive law, so that the claimant had no "civil right" to which Article 6(1) might apply. Their Lordships treated th...

5. [2023] NZEmpC 193 Le Gros v Fonterra Cooperative Group Ltd [pdf, 284 KB]

   ...under those terms and conditions. [5] Mr Le Gros’ individual employment agreement had provided for four weeks’ annual leave a year. It made no provision for long service leave. While no contractual provision was made for such leave, the human resources director issued a policy document (referred to as a directive) on an undisclosed date,2 entitled the “Recognition of Long Service” directive. The purpose of the directive was stated to be to “acknowledge and recognise t...

6. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...ideas for reform have been put forward by submitters, including the Privacy Commissioner. Many of these ideas reflect emerging innovations in international privacy and consumer rights law, and aim to respond to new challenges to privacy and related human rights in the data driven age. These ideas include new rules on the de-identification and reidentification of personal information, a ‘right to erasure’, data portability, and algorithmic transparency. New Zealand ‘adequacy’...

7. SK and RM v GJ LCRO 36/2015 (14 December 2016) [pdf, 252 KB]

   ...survivorship”.9 Explanation of unsatisfactory conduct finding [35] The Standards Committee said the following:10 The Standards Committee accepted that Messrs [SK] and [RM] had failed to properly account for the assets of Mr [MT]’s estate. A human error clearly being 4 At [19]. 5 At [28]. 6 At [39] – [42]. 7 At [46]. 8 At [19]. 9 At [28]. 10 At [39]–[41]. 7 made by Mrs [HY] who appears to have misinter...

8. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...13 Employment Relations Act 2000, s 50C(2). 14 [2012] NZEmpC 168. 15 Ian McAndrew “Collective bargaining interventions: contemporary New Zealand experiments” (2012) 23 International Journal of Human Resources Management 495. 10 have been sufficiently serious and sustained to significantly undermine the bargaining, that all other reasonable alternatives for reaching agreement have been exhausted, and that the fixing of the provi

9. Compensation Guidelines for Wrongful Conviction and Imprisonment - Including Home Detention and Military Detention [pdf, 288 KB]

   ...discretion to require a payment to be funded through baselines. Legislative Implications 54. There are no legislative implications. Impact Analysis 55. The impact analysis requirements do not apply. 2s369xiwkj 2022-11-29 10:18:09 8 Human Rights 56. The proposals appear to be consistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Population Implications 57. The potential pool of persons wrongly c...

10. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

    ...Bill of Rights. (Emphasis added) 27. Section 19 of the New Zealand Bill of Rights Act 1990 (Freedom from discrimination) states: (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 28. While section 7 of the Interpretation Act 1999 further states: An enactment does not have retrospective effect. 29. Legislation generally has prospective and not retrospective effect. The Submissions...