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1. Gilvray v Rungarunga - Succession to Tamati Rungarunga [2023] Chief Judge's MB 551 (2023 CJ 551) [pdf, 319 KB]

   ...the Māori Land Court Rules to order that the DNA be provided. The respondent replied to this request on 5 October 2022, arguing that there was no precedent for the Court to compel DNA evidence be provided, and to do so was a potential breach of human rights. 1 2022 Chief Judge’s MB 129-136 (2022 CJ 129-136). 2023 Chief Judge's MB 557 [10] In response, I directed the Registrar to contact Te Wera Rungarunga to obtain his consent or refusal to undertake DNA testing....

2. OIA-108159.pdf [pdf, 2.8 MB]

   ...legal claim seeking a declaration that it is inconsistent with one of the fundamental rights protected under the New Zealand Bill of Rights Act 1990 (for example, section 27 – the right to justice). There may also be criticism from international human rights bodies in their periodic reviews of our compliance with international treaties. 16. Discrimination and institutional racism in the sentencing process and legislative provisions is included in live claims filed with the Waitangi Tr...

3. [2011] NZEmpC 108 Auckland District Health Board v Bierre [pdf, 145 KB]

   ...equipment. [23] Ms Bierre then signed the OHS consent form which stated: Recommendations arising from this assessment will be sent to your employer (ADHB). Only the information required by the workplace will be provided to your Manager and/or the Human Resources Consultant. [24] The OHS consent form also referred in the following terms to the Privacy Act 1993 and the Health Information Privacy Code 1994 (the HIPC): “Personal information is collected and stored under the guidel...

4. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...that he intended to ‘re-open and discuss’ the earlier warning. In the event, he took no steps to do so. [15] Mr Hook attended the 3 August meeting with his support person, Mr Llewellyn. A record of the meeting was made by Mr Reichel, the Human Resources Manager. Ms Watts and Mr Boehmer also attended the meeting. Ms Watts gave evidence that the meeting was conducted in a professional manner although it became tense at times. Mr Hook described the meeting in different terms....

5. Merrylees v Accident Compensation Corporation [2023] NZACC 186 [pdf, 279 KB]

   ...tunnel syndrome and other damage to his right elbow arose from and are consequential on the injury of 16 August 2017. Respondent’s Submissions [66] Ms Becroft, with Ms Watson’s approval, handed up to the Court two drawings of the human arm, the first depicting radial tunnel syndrome and the second showing the path of the radial nerve. [67] Ms Becroft briefly referred to the claims history and confirms that it is the personal injury by accident claim that is before the...

6. Proactive release - Family violence information sharing guidance [pdf, 1 MB]

   ...funding allocation 37. In the future, it may be determined that additional tools or training be developed to support the Guidance. These costs will be considered as part of the Government’s wider response to family violence and sexual violence. Human Rights 38. The Guidance is consistent with the rights and freedoms provided for in the New Zealand Bill of Rights Act 1990. Gender Implications 39. Family violence is gendered in terms of victimisation, perpetration and impacts...

7. Willowridge Developments Ltd - Alison Devlin - EIC - 25 February 2022 [pdf, 329 KB]

   ...Taonga must be sought prior to the modification, damage or destruction of any archaeological site, whether the site is unrecorded or has been previously recorded. An archaeological site is described in the Act as a place associated with pre-1900 human activity, which may provide evidence relating to the history of New Zealand. These provisions apply regardless of whether a resource consent or building consent has been granted by Council. Should archaeological material be discovered dur...

8. Bravenec v Accident Compensation Corporation (Cover Issues) [2023] NZACC 77 [pdf, 191 KB]

   ...Light also refers to the further comment of the panel at page 4 of its report: The CAP noted that none of the mechanisms described by Mr Bravenec is consistent with acute labral tearing. “Extreme” leg extension does not cause labral tearing. Humans extend our straightened leg each time we walk forward, turn around, kick balls or climb up inclines. [40] Mr Light submits that when the overall clinical picture is considered, it does not support the appellant’s position of sign...

9. Mitchell v Corrections [2023] NZHRRT 18 [pdf, 204 KB]

   ...the Department of Corrections (Corrections), when in November 2014, she undertook an assessment with [redacted] Ian Britton, at the 1 This decision is to be cited as Mitchell v Corrections [2023] NZHRRT 18 (Note publication restrictions). IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 18 I TE TARAIPIUNARA MANA TANGATA 2 request of the Parole Board. Later that year the New Zealand Police (the Police) requested the [medical] assessment to assist...

10. Summary of submissions: New Zealand accession to the Budapest Convention on Cybercrime [pdf, 248 KB]

    ...between countries, so a preservation order request may be submitted for evidence of a crime which is not an offence in New Zealand. MEGA’s view was that actioning foreign preservation orders for acts that are not crimes in New Zealand may impact on human rights if the request is used for political purposes. Safeguards – who makes the order & how What was proposed Two elements of the proposed data preservation scheme dealt with who can issue the order, and how it is is...