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1. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...retraining were not options. [73] In respect of the unprofessional communications, Mr Horan had accused immigration officers of being inept, callous, arrogant, insensitive, uncaring, unconscionable, unprofessional, of being unable to distinguish basic human rights, of ignoring the principles of fairness, of treating clients worse than animals and of being corrupt, overzealous and overbearing. It was found his communications would tend to bring the profession into disrepute. His...

2. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu (2015) 113 Waikato Maniapoto MB 82 (113 WMN 82) [pdf, 229 KB]

   ...to be an issue, however, is the relative space left to hapū such as Ngāti Pu in a post-settlement environment to maintain and assert an independent voice. In one sense, this in an intensely practical question depending in large part upon the human and other resources available to the hapū and the extent to which it is unified. There are also important points of principle potentially at issue. Chief amongst these are the way in which whānau, hapū and iwi relate to each other and...

3. [2020] NZREADT 19 - Singh - costs (1 May 2020) [pdf, 168 KB]

   ...determined on the facts and circumstances of the particular case. Some guidance is available from the judgments of her Honour Justice Mallon in Commissioner of Police v Andrews (where costs were sought against a complainant in proceedings under the Human Rights Act 1993),5 and his Honour Justice Palmer in TSM v A Professional Conduct Committee, (which considered costs awarded in disciplinary proceedings under the Health Practitioners’ Competence Assurance Act 2003).6 [16] In Kooi...

4. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...presents difficulties that are not the same as for the control of noise from permanent activities. This is the basis on which the relevant New Zealand standards provide for levels of construction noise different from other operational noise of human activities. The use of management plans to address the particular circumstances of an activity is also recognised by the Court as an appropriate method of enabling some fine-tuning of controls set in conditions that might otherwise have...

5. 2021 07 23 Record of PHC PC8 Timetable Directions [pdf, 404 KB]

   ...No No Yes – agree to abide by position reached at mediation Amended Policy 7.C.6 Reduce adverse effects of discharges from stormwater systems New Policy 7.C.12 Reduce adverse effects of discharges of human sewage Amended Policy 7.D.5 Improve policy direction for decision making on resource consents for rural discharges New Policy 7.D.6 Improve policy direction for decision making on resource consents for rural discharges...

6. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 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. [29] In Johnston,1 France J stated: [11] It is co...

7. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

   ...should be taken to be a reference to living persons. Therefore, the dead have no rights under the Bill of Rights Act. Whilst there is dicta from Elias CJ in Takamore (SC) that may appear to be to the contrary (“Proper disposal of bodies engages the human rights to dignity, privacy and family” at [1]) those remarks were couched in general terms and do not necessarily refer to those rights which are affirmed by the Bill of Rights Act. 6 For completeness, we have considered whether, in the...

8. BORA Immigration Amendment Bill (No 2) [pdf, 328 KB]

   ...is under an obligation not to deport a person where the person faces a real risk of being subjected to torture or the arbitrary taking of life 1. 7.Clauses 35, 39 and 56 affect the circumstances in which a person may appeal against a decision on humanitarian grounds. These amendments do not affect a person’s ability to claim asylum in New Zealand. If a person alleged they would be subject to torture or death if returned to their home country or country of origin they would still be en...

9. Potae v ACC [2014] NZACA 5 [pdf, 65 KB]

   ...effects and injuries which followed. If one looks at the matter without subtlety I think the only conclusion that can be made is that this was injury by accident, an unexpected untoward mishap. The fact that it came from a stoppage in an essential human activity does not alter the real effect, the real meaning of the events and occurrence.” Interim directions [26] I do not intend to pre-empt ACC’s consideration of the claim or limit the evidence it should consider, but...

10. Establishing a Criminal Cases Review Commission - Redacted [pdf, 298 KB]

    ...departmental officer required by statute to exercise specific statutory responsibilities, independently of Ministers and departmental Chief Executives. 35. The Justice sector has examples of all three types. The Independent Police Conduct Authority and the Human Rights Commission are two of several Crown entities funded through Vote Justice. The office of the Judicial Conduct Commissioner is an example of an independent statutory office. And the Legal Services Commissioner is a statutory...