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1. Wallace v Downes - Waiunu and other blocks (2020) 414 Aotea MB 81 (414 AOT 81) [pdf, 168 KB]

   ...profit; he is not allowed to put himself in a position where his interest and duty conflict. It does not appear to me that this rule is, as has been said, founded upon principles of morality. I regard it rather as based on the consideration that human nature being what it is, there is danger, in such circumstances, of the person holding a fiduciary position being swayed by interest rather than duty, and thus prejudicing those whom he was bound to protect. It has, therefore, been dee...

2. 2017 NZSSAA 051 (6 September 2017) [pdf, 378 KB]

   ...relation to whether or not work visas are issued. It must simply deal with the fact that Immigration New Zealand has not granted work visas. The appellants are in a situation where they have no income, and no ability to provide for their most basic human needs. They have been fortunate to receive some charitable support. [10] In some cases, it is necessary to consider whether a person is a genuine refugee claimant. The Immigration Act 2009 contains some powers to reject ill-found...

3. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [50] In Johnston,2 France J stated: [11] It is c...

4. [2020] NZEmpC 54 Bennett v Employment Relations Authority [pdf, 279 KB]

   ...Auckland City COGS Committee [2008] NZCA 423, [2009] 2 NZLR 56 (CA) at [56]-[57], citing Taunoa v Attorney-General [2007] NZSC 70, [2008] 1 NZLR 449 and Attorney-General v Udompun [2005] 3 NZLR 204 (CA). is no other effective remedy, or where human dignity or personal integrity or the integrity of property are engaged, or where the breach is of such constitutional significance and seriousness that it would shock the public conscience and justify damages being paid out of the...

5. [2017] NZEmpC 99 The NZ King Salmon Co Ltd v Slotemaker [pdf, 150 KB]

   ...alternative positions [15] By late November Mr Slotemaker knew he faced dismissal because his position was to cease to exist and he had not been appointed to a replacement position created by the restructuring. On 2 December 2015 King Salmon’s Human Resources Adviser, Fiona Thomas, sent Mr Slotemaker three draft employment agreements so he could consider alternative positions within the company. Two were for Team Leaders and one was for the Aquaculture Technician vacancy Mr S...

6. [2023] NZEnvC 081 Nga Kaitiaki o Te Awa a Ngaruroro [pdf, 1.9 MB]

   ...road, ford or bridge, or network utility operation (as defined in section 166 of the Act); temporary construction dewatering activities; or the maintenance or operation of the Ngaruroro Flood Protection and Drainage Scheme; or the protection of human or animal health; or (iii) minor activities necessary for the management of land administered by the Department of Conservation. 12.4 No resource consent may be granted or rule included in a regional plan that would allow activities...

7. Rapatini v Accident Compensation Corporation (Personal injury Deemed Decision) [pdf, 220 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [32] In Johnston,1 France J stated: [11] It is c...

8. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 8.4 MB]

   ...distinct needs of the two are met, but also identify where alignments and collaboration are needed (for example, through primary prevention initiatives focussing on healthy relationships and support for victims of intimate partner sexual violence). Human Rights 44 Reducing family violence and sexual violence assists the Government to meet its human rights obligations including the Convention on the Elimination of Discrimination Against Women (CEDAW), Convention on the Rights of the Ch...

9. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...Shadforth said the complaint, and the outcome had caused her significant personal difficulty. [6.7] She concluded her submission by contending that the Tribunal has attributed to her the personal characteristics of persons who committed crimes against humanity during the Holocaust, and said it was particularly distressing as her family were victims of the Holocaust. Ms Shadforth Rejected the opportunity to Attend an Oral Hearing [7] The Tribunal’s interim decision, for the reasons e...

10. Cabinet proposal to establish a supervision regime for offenders deported to New Zealand [pdf, 204 KB]

    ...breach of conditions 1.8 3.9 4.2 3.4 2.5 15.8 Legal aid for breach of conditions 34.1 80.5 83.6 68.2 49.6 316 Imprisonment for breach of conditions 33.0 66.1 77.1 55.1 44 275.3 Total 901.2 1,748.9 1,848.4 1,542.7 1,195.9 7,237.1 9 Human rights 50. The proposals raise issues with the New Zealand Bill of Rights Act 1990, in particular section 26(2) which affirms that no one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or pu...