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1. Bell v Churton - Mataimoana (2019) 410 Aotea MB 244 (410 AOT 244) [pdf, 352 KB]

   ...share common bonds of whakapapa in relation to Aotea, It is also conclusively established that the ahi ka and tikanga (together being the kaitiakitanga) is with Ngati Rehua only, They have the knowledge of customary practices on Aotea and are the human kaitiaki of the taonga. [15] In more recent times, in a provisional determination, Judge Doogan in Te Ohu Kaimoana Trustee Ltd v Te Runanga Nui o Te Aupouri provided guidance on the relevant factors and principles that would apply in...

2. [2019] NZEmpC 153 Savage v Wai Shing Ltd [pdf, 545 KB]

   ...September 2019, the day when spraying commenced. [89] Mr Savage said he specifically raised several health and safety issues which occurred to him. He referred to an instruction to use diesel, which he said was a pollutant and carcinogenic to humans; Mr Shing accordingly changed the instruction and he was required to use water instead. Mr Savage also said he received training in the use of spray gear only because he raised the need for it. He said he was cognisant of heal...

3. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

   ...dismissal. Of about 97 locomotive engineers involved in SPADs between 1 July 2004 and 21 October 2006 none was dismissed. Some had been involved in more than one. Toll recognises that SPADs are to be expected occasionally as they result from human error. So if a train had gone through a signal and stopped and the driver had reported it, it is unlikely the driver would have been dismissed. In this case, Toll decided that because the SPAD was combined with other aggravating featu...

4. Proposals against incitement of hatred and discrimination - discussion document - Arabic [pdf, 497 KB]

   ...)مساحة الموا Citizen Spaceيمكنك إيجاد سهلة لتقديم التعليقات على المقترحات. يمكنك أيًضا اإلرسال من خالل البريد اإللكتروني أو من خالل المنشور humanrights@justice.govt.nz.ل مساهمتك عبر البريد اإللكتروني إلى: يمكنك إرسا . Human Rights, Ministry of Justice, SX10088, Wellingtonيمكنك إرسال مساهمة مكتوبة على العنوان ا...

5. 2019-10-01-MfE-Professor-Skeltons-Report.pdf [pdf, 1.9 MB]

   ...to ensure that it can continue to meet a multiplicity of needs without becoming degraded or depleted. These include the habitat needs of our first freshwater users, the indigenous fish, fowl and invertebrates, and the more recent demands created by human activities, such as the need for clean drinking water, recreation, hydroelectricity generation, and farm irrigation. The task of managing these needs and demands is challenging. One set of challenges relates to water quality. It require...

6. KC v Accident Compensation Corporation (Mental Injury and Social Rehabilitation) [2023] NZACC 011 [pdf, 276 KB]

   ...remedial massages improve her wellbeing by relieving the tension in her muscles and relieving other symptoms associated with her mental injuries. (c) In relation to the appellant’s request for a house with modifications, housing is a basic human right. It would be beneficial for her 9 Wacker v Accident Compensation Corporation [2011] NZACC 186. See also Venn v Accident Compensation Corporation [2015] NZACC 201, at paragraph [9]. 10 Section 128. 11 Siebers v Accident Compe...

7. FERGUSON Suzanne Claudia (CSU 2010 WHG 000160) [pdf, 210 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. [99] 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. 16 Roll Over Protection Devices [10...

8. LCRO 240/2013 TM v DC (8 May 2017) [pdf, 365 KB]

   ...at the September 2010 ERA hearing. 17 (b) Her failure to follow his instructions cost him his job. (c) She did not advise him of the right of appeal from the ERA determination to the Employment Court. (d) He had not made a claim to the Human Rights Commissioner that “[[NZX]] deprived [him] of an entitlement to union membership”. Hearing in person [61] Mr TM indicated that he wished to be heard in person. A hearing took place on 31 March 2017. [62] I record that...

9. Pullar - Aperahama Sullivan whānau Trust (2017) 61 Takitimu MB 45 (61 TKT 45) [pdf, 439 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...

10. CAC10027 v Brankin [2013] NZREADT 32 [pdf, 121 KB]

    ...making her leave that company. [5] Accordingly, in early 2010 she made a complaint to the Authority about the defendant’s conduct by lodging an objection to the issuing of an agent’s licence to the defendant. She has also made complaints to the Human Rights Commission, the 3 Privacy Commissioner, the Real Estate Institute of NZ, and has pursued a personal grievance for unjustifiable dismissal in respect of her view of the defendant’s actions towards her. [6] In a...