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1. BORA Hineuru Claims Settlement Bill [pdf, 288 KB]

   ...the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, clauses 26(3) and 30 respectively affect the substantive law and do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [4] Review of this advice 10. This advice has been reviewed in accordance with Crown Law protocol by Peter Gunn, Crown Counsel. Debra Harris Crown Counsel Disclaimer In addition to the gener...

2. BORA Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill [pdf, 201 KB]

   ...namely the right to bring civil proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. 10. This clause affects the substantive law and does fall within the ambit of s 27(3), which protects procedural rights [4]. Accordingly, no inconsistency with s 27(3) of the Bill of Rights arises. 11. This advice has been reviewed, in accordance with Crown Law protocol, by Ben Keith, Crown Counsel. Yours sincerely Fergus Sincl...

3. BORA Nga Rohe Moana o Nga Hapu o Ngati Porou Bill [pdf, 202 KB]

   ...Subpart 4 appears to create no greater limitation on public access than currently exists. Section 27(2)– The Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act provides: “Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.” 7. Clause 108 excludes the jurisdict...

4. BORA Building (Pools) Amendment Bill [pdf, 292 KB]

   ...Act provides the right to be secure against unreasonable search and seizure. Section 21 has two limbs. First, it only applies to activities that constitute a “search or seizure”. Where actions do constitute a search or seizure, section 21 only protects against such searches and seizures which are “unreasonable” in the circumstances. 5. Clause 12 of the Bill inserts section 222A into the principal Act which requires all territorial authorities to carry out 5 yearly inspections on...

5. BORA Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Bill [pdf, 278 KB]

   ...warrant without undue delay. Section 103(7) clarifies that such a condition does not require a person to give any information tending to incriminate that person. 8. In excluding the application of s 103(7), the Bill could appear remove the protection against self-incrimination provided by that section. However, s 103(7) only applies in respect of the obligation imposed under s 103(3)(b)(ii), the application of which is also excluded by cl 110. We have therefore concluded that cl...

6. BORA Victims’ Orders Against Violent Offenders Bill [pdf, 216 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

7. BORA Education (Vocational Education and Training Reform) Amendment Bill [pdf, 255 KB]

   ...Section 19 - Freedom of Discrimination 8. Clause 42 of the Bill (the new section 222F) provides that a person is not eligible to be appointed a member of the Institute’s council if a personal or property order has been made about them under the Protection of Personal and Property Rights Act 1998. In the case that a personal order has been made about the person, the order must adversely reflect on the person’s competence to manage their own property affairs if they are to be prevente...

8. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

   ...However, if he was in the Philippines at the time, he would sign them with the client. [29] The Registrar particularised the grounds of the complaint against Ms Maerean. In summary these were: [29.1] Breaches of the Code of Conduct’s requirements of care, respect, diligence and professionalism. [29.2] Providing misleading information to Immigration New Zealand, thereby breaching the Act, the Immigration Act 2009 and Immigration New Zealand’s operating requirements (by representin...

9. [2018] NZLCDT 4 Auckland Standards Committee 3 v Ellis [pdf, 398 KB]

   ...agreement granted by Doxcon. The MF Trust and Truby King Limited have sold those assets pursuant to a power of sale, and the ultimate purchaser of those assets is Bigyard Holdings Limited…” 10. Contrary to Rule 5.4 of the Conduct and Client Care Rules, Brian Ellis acted for Doxcon when there was a conflict or a risk of a conflict between his personal interests and the interests of Doxcon: (a) In the circumstances described in Particulars 2 and 3 above he acted for Doxcon, purp...

10. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

    ...situation, including new measures and developments relating to the implementation of the Covenant 1. Please provide detailed information on any significant developments in the legal and institutional framework within which human rights are promoted and protected at the national level that have taken place since the previous periodic report, including any relevant case law. Please also provide information on measures adopted to disseminate the Covenant among judges, lawyers and prosecuto...