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1. Director of Proceedings v Platz [2021] NZHRRT 51 [pdf, 500 KB]

   ...defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill; and 2(b) A final order prohibiting publication of the name and identifying details of the aggrieved person in this matter (Mr A (deceased)). [4] Having considered the Agreed Summary of Facts the Tribunal is satisfied on th...

2. BORA Visiting Forces Bill [pdf, 214 KB]

   ...consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 6 November 2003. 2. We consider that, taking into account the protections that will be available to service personnel under the domestic laws of States entering into a Status of Forces Agreement (a “SOFA”) with New Zealand, the Bill does not appear to be inconsistent with the Bill of Rights Act....

3. Child and youth offending statistics in New Zealand 1992 to 2007 [pdf, 2.5 MB]

   ...representative, the Police and the Youth Justice Coordinator (YJC). The role of the FGC is to hold young people accountable for their offending and encourage them to take responsibility for their behaviour. FGCs for child offenders will also focus on care or protection issues present and family/whänau issues contributing to the offending. To this end, the FGC formulates a plan for the child or young person making recommendations as it sees fit (which, for young persons, may include pro...

4. BORA Canterbury Earthquake Recovery Bill [pdf, 320 KB]

   ...correspondence or otherwise. There are two limbs to the s 21 right. First, s 21 is applicable only in respect of those activities that constitute a ‘search or seizure’. Secondly, where certain actions do constitute a search or seizure, s 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. A request for information or documents constitutes a search for the purposes of s 21 of the Bill of Rights Act. [2] 11. The Court of Appeal has...

5. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...security, order and discipline in prisons."[2] This principle lay behind the drafting of the Act and is reflected in the Bill. 5. We have nonetheless identified some features that appear to raise issues of inconsistency with the rights and freedoms protected by the Bill of Rights Act. However, where an issue arises a provision may nevertheless be consistent with the Bill of Rights Act if it can be considered a "reasonable limit" that is "justifiable" in terms of s...

6. BORA Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Bill [pdf, 276 KB]

   ...59A(1)(f) and (h), and s 61B). 39. Sections 23(4) and 25(d) of the Bill of Rights Act incorporate a limited right to silence and a privilege against self-incrimination. However, the rights contained in these provisions are not as broad as those protected at common law. Whilst the common law protects a right to silence of all persons at the investigation and pre-trial stages, the right to silence in s 23(4) is afforded only to persons who are arrested or detained under an enactment. S...

7. BORA Architects Bill [pdf, 11 KB]

   ...Building Bill, and is designed to be a component of the measures that enhance the regulatory framework for the building industry. The purpose of the Bill is to reform the law relating to the registration of architects and to continue the statutory protection of the title of architect. The Bill establishes a registration system for architects, requires that architects be bound by a code of ethics as well as a complaints and disciplinary process, and establishes a statutory body to carry ou...

8. BORA Subantarctic Islands Marine Reserves Bill [pdf, 186 KB]

   ...of the Marine Reserves Act 1971 will apply to the three marine reserves created by the Bill. 4. The Bill also provides for a review of the Moutere Ihukupu / Campbell Island Marine Reserve five years after the commencement of the Bill to consider protecting the remainder of the Campbell Island territorial sea by including it in the marine reserve. 5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act. This advice has...

9. BORA Human Rights Amendment Bill [pdf, 186 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....

10. BORA Education (Establishment of Universities of Technology) Amendment Bill [pdf, 201 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....