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1. New Zealand Public Health and Disability (Restriction on Crown Funding Agreements and Unfunded Cancer Medicines) Amendment Bill [pdf, 232 KB]

   ...not stated, but we consider that would also be in the DHB’s discretion.7 Therefore, we consider that the Bill creates an exception for cancer patients to have their unfunded medicine administered in a public hospital (which otherwise appears not permitted).8 Consistency with the Bill of Rights Act Section 19 – Freedom from Discrimination 13. Section 19(1) of the Bill of Rights Act affirms the right to freedom from discrimination on the prohibited grounds listed in the Human Right...

2. [2009] NZEmpC CC 9/09 Jinkinson v Oceania Gold (NZ) Ltd [pdf, 80 KB]

   ...agreement provided: 9.4 Other Employment During the course of your employment you will be expected to devote your full energies to this position and for this reason, together with a need to protect the Company’ commercial interests, you are not permitted to engage in any other business activities without the Company’s prior written consent. This clause clearly contemplated full time employment and was therefore inconsistent with casual employment. In particular, it was inconsist...

3. [2010] NZEmpC 73 NZ Amalgamated Engineering Printing and Manufacturing Union v SCA Hygiene Australasia Ltd [pdf, 46 KB]

   ...calculation of relevant daily pay to be grounded in reality and therefore 12 hours was 1 [1996] 2 ERNZ 25. the correct rate of pay. She submitted the literal application of the Act did not permit any lesser amount to be paid for the public holidays falling within the shutdown period and that the application of cl 6.8.3 of the appendix must give way to the plain intention of the legislature. She submitted the five day arrang...

4. HL v MA and RO LCRO 83/2013 (3 August 2016) [pdf, 64 KB]

   ...by her. No doubt the meeting on 4 September 2012 was tense. Mr [HL] said it was “not comfortable”. Mr [HL] wanted the lawyers to provide a service. The lawyers were willing to provide that service, for a fee, as agreed. [71] Rule 4.2.1 permits a lawyer to refuse to continue to act for a client if the client indicates he is unable to pay on an agreed basis. It is likely that Ms [MA] resisted renegotiating the terms of the conditional fee agreement that was already in place. S...

5. [2016] NZEmpC 89 NZ Nurses Organisation v Waikato District Health Board [pdf, 198 KB]

   ...judgment for the purpose of correcting an error would usually involve the trial Judge considering the NZNO’s claim and reissuing his/her judgment. If the NZNO is entitled to a rehearing, the Employment Relations Act’s powers of rehearing would permit another Judge to consider and determine its claim if it is found that the original judgment did not do so, but ought to have done. The Authority’s determination appealed from (challenged) [4] Ms Panettiere had worked for some yea...

6. [2007] NZEmpC CC 3/07 Peoples v Accident Compensation Corporation [pdf, 63 KB]

   ...matter was at an end was relatively significant. I do not, however, place great weight on this factor. [42] On the information available to me, Ms Peoples has little prospect of success in challenging the Authority’s determination were she permitted to do so. [43] On this basis, I conclude that it is not in the interests of justice to extend the time for filing a challenge by the 27 days sought. Accordingly, the application is refused. Costs [44] If ACC wishes to have...

7. Hide v Official Assignee (Confidentiality Claim) [2019] NZHRRT 1 [pdf, 302 KB]

   ...without the court’s permission under subsection (2), publish a report of— (a) any examination of a person summoned by the Assignee; or (b) any matter arising in the course of that examination. (2) On the Assignee’s application, the court may permit publication of a report under the conditions that the court imposes. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceed...

8. BORA Court Matters Bill [pdf, 194 KB]

   ...the Police in the event of an arrest, or returned. For these reasons, we consider that no issue of inconsistency arises under s 21 in respect of these proposals. New power to remove or dispose of alcohol 30. The Bill contains a provision that permits a CSO to require a person who brings alcohol onto court premises to remove it from those premises, and to seize and dispose of that alcohol if the person who is required to remove it refuses or fails to do so (cl 9). A combination of o...

9. 20240625-Reinstating-Three-Strikes-Amendment-Bill.pdf [pdf, 5.3 MB]

   ...order would be manifestly unjust merely because- (b) it would be disproportionate unless it would be grossly disproportionate This drafting recognises that penalties provided for under the proposed three-strikes scheme may be disproportionate, but permits a court to hold that a mandatory penalty would be manifestly unjust because it would be grossly disproportionate - and thus in breach of s 9. The effect of applying the manifest injustice exception would be that the given mandatory pena...

10. Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 [pdf, 72 KB]

    ...effectively with the matter before it, whether or not it would be admissible in a court of law. (2) The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath. (3) The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath. (4) Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal...