Search Results

1. [2007] NZEmpC CC 14/07 Kostic v Dodd and Milligan [pdf, 130 KB]

   ...question. [70] On this issue, I have regard not only to the quality and consistency of the evidence but also to the likelihood of what each party alleges to have happened. I find the account given by Mr Kostic to be much more in accord with human nature and inherently much more likely to be correct than the case relied on by the employer. There are numerous factors which lead me to this conclusion. Mr Kostic was a passionate salesman pursuing a sale. Given his commitment to th...

2. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...that these words or words similar to them were used. [14] The correspondence following the dismissal meeting is annexed to both Mrs Tu’itupou’s brief of evidence, now sworn as an affidavit, and the affidavit of Mr Walter Bruce Wall, National Human Resources Manager for the defendant. Mr Wall’s affidavit was sworn on the 2 August 2006. [15] On the 14 June 2002 Ms Schaaf wrote to Ms Jolly as follows: As indicated to you yesterday, Mrs Tupou Tu'itupou will be lodging a per...

3. CORNELIUS Grant Charles (CSU 2011 AUK 001161) [pdf, 235 KB]

   ...is for the rural sector and communities associated with farming to stand up and take the leadership or ownership of the health and safety issues including quad bikes without the threat of enforcement of the regulators and prosecution. [127] Human nature has shown that proactive leadership will always win the test of longevity in terms of success as opposed to coercion or compulsion. Self initiation has more long-term value in the end. 20 Roll Over Protection Devices [1...

4. Cross v Accident Compensation Corporation (Claim for personal injury, revocation of cover) [2024] NZACC 58 [pdf, 277 KB]

   ...is caused by an accident. 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. 4 Bartels, above note 1, at [33]. 17 [6...

5. [2023] NZEnvC 255 Abrahamson v Canterbury Regional Council [pdf, 290 KB]

   ...dwelling, along with associated disturbance of the soil on an allotment created under a subdivision consent, required a further resource consent under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (‘NES-CS’). [74] Activities covered by the NES-CS included disturbing the soil of Hazardous Activities and Industries List (‘HAIL’) land for a particular purpose, including for construction of a dwelling. 15 Re Hast...

6. Kaupapa Maori Resolution Pathways [pdf, 792 KB]

   ...Zealand legal system” (Fernando, 2018, p. 70). In addition to the treaty, despite the United Nations Declaration on the Rights of Indigenous People not being perfect, the individual and collective political, economic, social, cultural & human rights of Indigenous people are now recognised in a universal document (Katene & Taonui, 2018). Despite these methods of supposed protection, it is not clear whether historical claims made under the Treaty of Waitangi are an example...

7. [2018] NZEnvC 085 Glencoe Land (Joint Venture) Limited v Queenstown Lakes District Council [pdf, 6.5 MB]

   ...Pouhere 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...

8. Adoption in Aotearoa New Zealand: Summary document - Korean [pdf, 551 KB]

   ...지원자가 아이를 키우는 데 얼마나 적합한지를 보여주는 척도가 아니며, 현대의 가족, 화나우 구조, 또는 성 정체성과 성 유동성의 개념을 반영하거나 인정하지 않습니다. 인권심의심판소(Human Rights Review Tribunal)는 이러한 입양 규정이 결혼 여부, 나이, 성별에 따른 차별적 요인을 반영하고 있다고 밝혔습니다.1 양부모 및 친척에 의한 아동 입양은 아오테아로아 뉴질랜드 �...

9. [2007] NZEmpC AC 26/07 Eastern Equities Corp Ltd t/a Farmers Transport Ltd v Bright [pdf, 107 KB]

   ...discussion along these lines appears to have some corroboration in Mr Kelsey’s notes of the meeting on 15 September. Mr Kelsey then responded with the letter of the same date to which I have already referred. Submissions [35] The company’s Human Resource Policy & Procedures Manual contains quite elaborate directions to the manager who undertakes performance appraisals. It also sets out a process with vertical flow charts as to how poor performance leading to final dismis...

10. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 8 Reference No. HRRT 015/2011 UNDER THE PRIVACY ACT 1993 BETWEEN MARGARET HETA PLAINTIFF AND MINISTRY OF SOCIAL DEVELOPMENT DEFENDANT AT ROTORUA BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr MJM Keefe, Member REPRESENTATION: Ms M Heta in person Mrs D Harris and Ms L Hercus for defendant DATE OF HEARING: 11, 12 and 13 March 2013 DATE OF DECISION: 21 Mar...