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1. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...extension of the public policy exclusion. They suggest, for example, that the role of the Securities Commission in dealing with takeover issues and conflicts cannot be ousted by an arbitration provision, and similarly the enforcement role of the Human Rights Commission. Unfortunately, neither example assists in considering whether the jurisdiction of the Maori Land Court can be ousted by an arbitration provision and so I must consider the nature of the Court's functions. [57] I...

2. [2015] NZEmpC 171 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 488 KB]

   ...retain. Those persons were asked to make their election by 31 December 2010. If they elected not to transfer they could then be made redundant with effect from 22 February 2011. 5 [13] From late December 2010 to 23 February 2011, the New Zealand Human Resources Manager for LSG, Ms Park, met with most of the employees who elected to transfer their employment to LSG. 5 The narrative in paras [10] to [12] is derived from the ju...

3. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [pdf, 270 KB]

   ...Even if it does, it is further submitted the Tribunal could uphold a finding of negligence but decide to take no further action. 16 [86] I find that the disciplinary threshold is met. This is not a case of momentary inadvertence or mere excusable human error. It is not a case where different advisers could reasonably interpret the visa condition in different ways. There was a high degree of carelessness. No reasonable adviser should have misunderstood the meaning of the visa con...

4. Legal aid induction guide for legal aid providers [pdf, 402 KB]

   ...• breaches of contract • defamation • bankruptcy. Civil legal aid may also be available for proceedings before tribunals or specialist courts such as the: • Employment Relations Authority • Employment Court • Environment Court • Human Rights Tribunal • Legal Aid Tribunal • Māori Land Court and Māori Appellate Court • Refugee Status Appeal Authority • Social Security Appeal Authority • Taxation Review Tribunal • Tenancy Tribunal • Waitangi Tribunal....

5. ENV-2016-AKL-000xxx Howick Ratepayers and Residents Association Incorporated & Others v Auckland Council [pdf, 5.5 MB]

   ...corridors, utility rights-of-way, and backyard habitat are important parts of urban planning, because they increase biodiversity in cities and improve the quality of life for all residents. For example, they increase opportunities for wildlife viewing, human relaxation and education, and controlling pollution, temperature and climate, erosion, and noise (Adams & Dove 1989) The view of the compact city_How realistic is the current view of the PAUP with its plans to force intensificatio...

6. P Singh v Kumar [2011] NZIACDT 24 (18 August 2011) [pdf, 162 KB]

   ...a further permit. At the time their options to get a further permit in that situation were limited to: [26.1] applying for the exercise of ministerial discretion under section 35A of the then current Immigration Act 1987; or [26.2] applying on humanitarian grounds to the Removal Review Authority. Accordingly, allowing a client to move to the position of being in New Zealand unlawfully due to having no current permit is very significant. [27] The complaint includes the allegation the...

7. ENVC paper Guizhou Province Judges 2015 [pdf, 337 KB]

   ...holistic environmental emphasis. Most environmental regulation in New Zealand comes from this Act. Sustainable management [6] Essentially the approach of the RMA is to provide for a balance between environmental protection, and development and human use of land, air, water and soil. [7] The “environment” includes things natural, physical, and people, and includes: (a) Eco-systems and their constituent parts, including people and communities; and (b) All natural and physical re...

8. Regulatory Impact Statement Hague Child Protection Convention [pdf, 178 KB]

   ...The advantage of this approach is that provisions can be more easily changed. Promulgating regulations is a faster and less costly option as it would not involve the Select Committee process. 76. However, the Convention impinges on fundamental human rights in some areas and involves important issues of international co-operation. It would not be appropriate to limit public opportunity for comment or Select Committee scrutiny. It is probable that the Regulations Review Committee would...

9. [2013] NZEmpC 145 AARTS v Barnardos NZ and Ors [pdf, 185 KB]

   ...AND THE PRIVACY COMMISSIONER Fourth Defendant AND THE OMBUDSMAN Fifth Defendant AND MINISTRY OF SOCIAL DEVELOPMENT Sixth Defendant AND THE SERIOUS FRAUD OFFICE Seventh Defendant AND THE DIRECTOR OF HUMAN RIGHTS PROCEEDINGS Eighth Defendant AND THE INDEPENDENT POLICE CONDUCT AUTHORITY Ninth Defendant AND LANCE LAWSON BARRISTERS & SOLICITORS Tenth Defendant Hearing: By memoranda of sub...

10. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

    ...hold in the hope that the conflict could be resolved. She agreed to attend mediation. She asked for a response from Mr McLennan at his earliest convenience. 12 [18] Subsequently, Mr McLennan discussed the information he had obtained with Human Resources (HR) advisors prior to a telephone conversation with Ms Mackay which occurred on 8 August 2014. By then, he had reached preliminary views as to the workplace conflict. These were not explained to Ms Mackay either before or on...