Search Results

1. [2009] NZEmpC AC 20/09 Allen v Transpacific Industries Group Ltd t/a Medismart Ltd [pdf, 101 KB]

   ...were not; of unanswerable charges which, in the event, were completely answered; of inexplicable conduct which was fully explained; of fixed and unalterable determinations that, by discussion, suffered a change. Nor are those with any knowledge of human nature who pause to think for a moment likely to underestimate the feelings of resentment of those who find that a decision against them has been made without their being afforded any opportunity to influence the course of events. [49]...

2. [2021] NZEnvC 159 Drive Holdings Limited v Auckland Council [pdf, 3.1 MB]

   ...1:1 (100%) on SRA3 paper then trimmed to A3 size. This image should be assessed in the field from the same location from where the photograph was taken. In reality photographs and photomontages can not convey a view exactly as it would be seen by the human eye. This photomontage has been prepared by U6 Photomontages Ltd in accordance with the NZILA Best Practice Guide for Visual Simulations BPG 10.2 document. PROPOSED MISSION BAY DEVELOPMENT PHOTOMONTAGE VPT 11 VIEWED FROM 6 RONAKI ROAD Dat...

3. [2011] NZEmpC 152 Blackmore v Honick Properties Ltd [pdf, 178 KB]

   ...does not matter in these circumstances that Mr Blackmore signed what was described as a warranty that HPL had complied with its obligations including the obligation under s 63A(2)(b). In the circumstances it is understandable, as a matter of human nature, that Mr Blackmore felt he had no alternative but to sign the agreement, including the so-called warranties even although they were false. [99] It is likewise with the third requirement under s 63A(2)(c). HPL did not give Mr Bl...

4. [2024] NZIACDT 22 – QN v Nandan (29 August 2024) [pdf, 229 KB]

   ...Conduct amounting to negligence or malpractice is behaviour which falls seriously short of acceptable practice. ... Mere inadvertence, or oversight, even carelessness will not in every context constitute conduct falling “seriously” short. But such human error did not account for Dr Liston's repeated failure... [114] The Court in Liston considered Vatsyayann and stated that it did not take that decision as indicating a requirement for professional misconduct to be serious or at t...

5. [2024] NZEmpC 93 Television New Zealand Ltd v E Tū Incorporated [pdf, 327 KB]

   ...Fonterra, the statutory and common law context in which employment agreements are entered into and operate is relevant to the interpretative exercise.5 Employment agreements are not akin to arms-length business agreements; they involve people and human interactions (not the economic exchange of money for goods); they occur within the framework of multifaceted obligations, both statutory (such as mutual obligations of good faith) and common law (such as the obligation of fidelity an...

6. Supervised Contact Quality Practice Framework [pdf, 762 KB]

   ...supporting the rights and needs of children. 4 The framework is part of the Ministry’s work to make sure our services for children align with the United Nations Convention on the Rights of the Child1 (UNCRC). The UNCRC establishes human rights standards for the treatment of children and young people, including the right of the child to have their views heard and considered in all matters that affect their lives, including judicial proceedings. The processes and pra...

7. Official Information Act request Family and Sexual Violence [pdf, 3.8 MB]

   ...Victims’ Rights Act 2002. Zoë currently provides legal advice to people who have experienced sexual harm. 19. Maria Dew KC practises from Britomart Chambers, with a focus on employment law, health and safety, medico legal, professional misconduct and human rights. She is currently president of the New Zealand Bar Association. RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Meeting with the Family Violence and Sexual Violence Ministers Hon Paul Go...

8. Three-strikes-document-release_Combined_FINAL.pdf [pdf, 2.1 MB]

   ...likely to receive a more severe sentence as a result of previous offending. First and foremost, criminal justice policy should be evidence-based and cognisant of system challenges such as inequity, bias, rights and liberties, and the intricacies of human behaviour. As the Law Society noted in its submission to the Select Committee, the Bill is not evidence-based.10 We are of the view that the options presented here serve to exacerbate this deficiency and will increase the severity o...

9. Phase 2 AML/CFT Reforms - Exposure draft amendment Bill - Information Paper [pdf, 446 KB]

   ...We are now seeking input from sector groups on those options for businesses, and other ways to further reduce compliance costs. over 10 years and potentially prevent and deter many billions more in wider criminal activity. This will lessen the human toll these crimes take on victims, vulnerable people and communities. Input from earlier consultation has helped inform the proposals outlined in this document. Help us finalise the amendment Bill and reduce compliance costs We wish...

10. Herbst v Accident Compensation Corporation (Claim for personal injury) [2024] NZACC 192 (27 November 2024) [pdf, 255 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. [73] In Johnston,1 France J stated: [11] It is c...