Search Results

1. Final-Technical-Assessment-L-Archaeology-v2.pdf [pdf, 2.1 MB]

   ...associated with the natural and physical resources. 20. Section 6 of the HNZPTA defines an archaeological site as: (a) Any place in New Zealand, including any building or structure (or part of a building or structure), that – (i) Was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and (ii) Provides or may provide, through investigation by archaeological methods, evidence relating to the hi...

2. [2018] NZEmpC 147 Amcor Flexibles (NZ) Ltd v Gillan [pdf, 403 KB]

   ...movements such as patting himself, pacing and looking restless. [33] Based on this history Dr Obele provided her report on 5 November 2015. There was some controversy about it, because of an exchange of emails she had with a member of Amcor’s human resources team, in which an attempt was made to restrict its length. In the end nothing turns on that exchange, because Dr Obele insisted she would write a detailed report and did so. [34] In this report Dr Obele stated the ne...

3. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

   ...issue were really holidays. Did Ms McKay work while on holiday? [25] Ms McKay says she was a full-time salaried employee who worked well over 40 to 50 hours per week. She undertook a wide range of roles and responsibilities including: (a) human resources/recruiter (Wanaka Sun and Wanaka Pharmacy); (b) payroll (Wanaka Sun and Wanaka Pharmacy); (c) social media manager (Wanaka Sun and Wanaka Pharmacy); (d) rostering Staff (Wanaka Pharmacy); (e) website editor (Wanaka Su...

4. 2017 NZSSAA 052 (15 September 2017) [pdf, 238 KB]

   ...members; given that other decision-makers are not concealed, that is not at all surprising. [56] The concept of “faceless” decision-makers in a statutory process of independent review is repugnant to the most fundamental concepts of justice. The Human Rights Committee, established under article 28 of the International Convention on Civil and Political Rights met on 6 November 1997 to consider the case of Rosa Espinoza De Polay v Peru (www.worldcourts.com).3 The case concerned...

5. [2014] NZEmpC 74 NZ Aluminimum Smelters Ltd v Weller Ors [pdf, 111 KB]

   ...When those individual employment contracts took effect, staff were working the 8 hour shift pattern of Roster 1. The way in which the new holidays provisions were operated was explained by Barry Simmonds, who had been in the role of Specialist Human Resources at the plant since 1989. He said that holiday entitlements were recorded in days and that statutory holidays were treated as additional annual holidays. Thus, on the occasion of each statutory holiday, employees were credite...

6. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...adequately explores the feasible options, and is convincing in its conclusions. The constraints are clearly identified for decision makers. Stakeholder consultation was not possible however an assessment of the likely impact on affected parties is included. Human Rights 35. A complete prohibition could be contrary to section 14 of the New Zealand Bill of Rights Act (BORA) 1990 (freedom of expression). Th s limi ation may be justified as necessary and proportionate, to ensure the policy objec...

7. [2021] NZEnvC 131 Wilson v Waikato Regional Council [pdf, 1.4 MB]

   ...threatened or other species of marine mammal (s3E, MMPA). The Fisheries Act 1996 provides for complementary related regulatory powers. MMPA PMPs can include an “assessment of the degree of risk caused by fishing-related mortality and other human-induced sources of mortality to the species, whether within New Zealand fisheries waters or elsewhere within the range of the species”. WA PMPs can specify, inter alia, the maximum allowable level of fishing-related mortality for the...

8. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

   ...Purposes: Day: Means number of hours an employee normally works each day. … [11] Appendix 2 to the CEA was a document dated 3 May 2013, described as terms of settlement; it took the form of a letter from Mr Luke Southorn, director, human resources, to Mr Ian Gordon, a PSA national organiser. It contained details as to a series of issues which had been agreed at negotiations the previous day. Included was this statement: Leave 19. Retiring Leave Employees...

9. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...Ms Turner was properly represented at the meeting of 7 April 2021 and was able to respond to the issues in a way that demonstrated she was not constrained. 3 Ms Turner referred the Court to an article: Rodney Harrison “Employment Law and Human Rights – a Crucial Interface” (paper presented to New Zealand Law Society 10th Employment Law Conference, October 2014) 175. (iii) Ms Turner was not discriminated against on the basis of her religious beliefs, ethical beli...

10. Julian v Accident Compensation Corporation [2024] NZACC 115 (16 July 2024) [pdf, 272 KB]

    ...Accident (1) Accident means any of the following kinds of occurrences: (a) a specific event or a series of events, other than a gradual process, that— (i) involves the application of a force (including gravity), or resistance, external to the human body; or (ii) involves the sudden movement of the body to avoid a force (including gravity), or resistance, external to the body; or (iii) involves a twisting movement of the body: [39] Section 26(1) and (2) of the Act provid...