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1. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...“did not at any time give up attempting to comply with the regulations”. I do not accept those submissions, any more than the Tribunal was prepared to accept Mr Johnson’s efforts to minimise the seriousness of the errors by terms such as “human error”, “honest mistake” and “oversight”. 35 Auckland Standards Committee No 4 of the New Zealand Law Society v Appleby [2014] NZLCDT 34; Auckland Standards Committee 2 v B...

2. OIA-99080.pdf [pdf, 1.9 MB]

   ...Pleas: A Defendant Decision Making Experiment. Justice Quarterly, 1-25. Lehner, P.E., Adelman, L., Cheikes, B.A. and Brown, M.J. (2008). Confirmation Bias in Complex Analyses. IEEE Transactions on Systems, Man, and Cybernetics - Part A: Systems and Humans, [online] 38(3), pp.584–592. Available at: https://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=4490040 [Accessed 28 Jan. 2020]. Lidén, M. (2018). Confirmation Bias in Criminal Cases. [online] DIVA. Available at: http://www...

3. 18.-Evidence-of-Dr-Alex-James-Freshwater-Ecology.PDF [PDF, 633 KB]

   ...conditions lack any incident-based monitoring requirements. By “incident” I presume Mr Brown is referring to unforeseen circumstances such as uncontrolled discharge of sediment laden water (i.e., sudden failure of a sediment treatment device or human error) or discharge of other contaminants to a waterway (e.g., fuel spill, concrete spill). I support such a condition, but note condition RCM3 already addresses the management of incidents. (e) RFE4(c) – Mr Brown states thi...

4. 13.-Boyden-Evans-Natural-character.pdf [pdf, 14 MB]

   ...level of natural character as moderate high because of the level of modification. Table I.17 in Technical Assessment I records that the bridge crossing will affect several of the attributes (i.e. flow regime, terrestrial ecology, structures and human modification and experiential). However, for the other attributes, the ratings are unchanged. When the attributes were considered together, the overall level of natural character rating reduces from moderate high to moderate. 8...

5. Proposals against incitement of hatred and discrimination - discussion document - Farsi [pdf, 1.2 MB]

   ...سایت روشی آسان برای ارائه کند. های پیشنهادی فراهم می بازخورد درباره طرح توانید پیشنهادات خود را از طریق ایمیل یا پست ارسال کنید همچنین می .humanrights@justice.govt.nzشنهادات خود را از طریق ایمیل به توانید پی می . Human Rights, Ministry of Justice, SX10088, Wellingtonتوانید پیشنهاد کتبی را به این آدرس رسال کن�...

6. [2016] NZEmpC 112 Radius Residential Care Ltd v The NZ Nurses Organisation Inc [pdf, 431 KB]

   ...likely to be true and require more in the way of evidence before the trier of fact will be satisfied. 35 I have some doubts as to the extent to which experience bears out the proposition, but in any event it is clear that its application turns on human experience and the particular context … Statements such as these have however caused confusion when applied, not to the inherent probabilities which any decision-maker necessarily weighs, but to the standard of proof. The confusi...

7. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...objects of providing additional enforcement measures to promote the more effective enforcement of employment standards.22 This in turn provides protection to employees from abuses by unscrupulous employers not willing to comply with civilised and humane standards of employment. [74] A further purpose is to encourage employers to comply with minimum standards of employment of vulnerable workers by acting as a deterrence to such employers and others where there is serious breach...

8. Borst v ACC [2014] NZACA 8 [pdf, 232 KB]

   ...employment and to maintain a stable and loving relationship and attempted suicide… Mr Borst is currently undergoing a course of therapeutic counselling with me and he is making all attempts to get his life in order so that he can as much as is humanely possible embark on gainful employment and form a stable loving family environment. His progress over the past month to six weeks has been most encouraging. I think that this would be an excellent time for the ACC to give their suppo...

9. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

   ...too recent to have been the eponymous ancestor of the Ngāti Uenuku hapū who were then living in large numbers at Manganuioteao. In fact, he referred to himself in the court hearings as Ngāti Tamahaki. Others suggested the name Uenuku was not a human tupuna, but instead referred to a metaphorical ancestor, namely, the rainbow existing as a korowai in the spiritual realm. They suggested that the upper Whanganui hapū and whānau living in its embrace made up the Uenuku people. Th...

10. [2017] NZEnvC 182 The Rise Ltd v Kaipara District Council [pdf, 3.9 MB]

    ...subsurface archaeological evidence (shell, midden, hangi, storage pits, etc.) should be unearthed during construction, work should cease in the immediate vicinity of the remains and the Heritage New Zealand should be contacted. 3) In the event of koiwi (human remains) being uncovered, work should cease immediately and the tangata whenua of Te Uri 0 Hau shall be contacted so that appropriate arrangements can be made. 4) The consent holder shall be required to pay to Kaipara District Co...