Search Results

1. BORA Education Amendment Bill [pdf, 99 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 5. The Bill amends the Education Act 1989 (the 1989 Act) to give powers of entry and inspection to authorised persons to ensure that early c...

2. BORA Environment Canterbury (Transitional Governance Arrangements) Bill [pdf, 287 KB]

   ...ensuring that an additional decision-making process is avoided where a decision has already been made. 16. We consider that the Bill’s processes for determining WCO applications made before transition day are procedurally fair and offer adequate protection of the right to natural justice. Appeal rights in respect of water conservation orders 17. The 2010 Act removed the jurisdiction of the Environment Court to consider appeals from decisions in respect of water conservation orders i...

3. BORA Inquiries Bill [pdf, 305 KB]

   ...to be consistent with the Bill of Rights Act. Summary of the Bill The Bill provides for three forms of inquiry: “Royal commissions”, “public inquiries” and “government inquiries.” The different forms would enjoy similar powers and protections but differ in their manner of appointment and reporting. The Bill aims to reform and modernise the legal framework relating to inquiries so inquiries are more flexible, effective and efficient. The Bill sets out the powers of an...

4. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...permitted Interested Parties is allowed does not detract from the inquisitorial nature of the inquiry, nor from the fact that the findings are not conclusive as to the civil or criminal liability of any person. [9] Establishing the facts may require careful exploration and robust testing of the evidence. But – unlike in an adversarial trial – the fundamental interests of the Court and all Interested Parties are aligned. To the extent the Applicants believe or perceive that the...

5. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...seizure. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. Inspection and auditing powers - Clauses 40-46, 59-63 17. To achieve the objectives underlying the Bill it was considered necessary to im...

6. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...reasonable for the purpose of section 21. 5. The removal of abandoned vehicles does not significantly intrude on the privacy of the owner and is necessary to deal with a problem that imposes a significant cost on ratepayers. The Bill will provide some protection for vehicle owners as the vehicle may not be removed until the police have been notified. The local authority must also make reasonable efforts to notify the last registered owner of the vehicle that it has been removed and tha...

7. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...her. Throughout the nine months, the complainant says, she was very patient. Her trust in Ms Mackintosh was shattered when she was given the first decline letter in May 2019. [24] It is contended that Ms Mackintosh, as a professional, failed to protect the complainant’s interest and must be held responsible for her conduct. Submissions from Ms Mackintosh [25] Mr Moses, counsel for Ms Mackintosh, produced submissions on 24 March 2021. He noted that Ms Mackintosh had already...

8. [2022] NZEnvC 213 Coneburn Preserve Holdings Ltd v Queenstown Lakes District Council [pdf, 5.2 MB]

   ...provision of sewage disposal, water supply and refuge disposal services which do not adversely affect water quality or other environmental values. Control the take-off and landing of aircraft within the zone. Avoid industrial activities. Maintain and protect views into the Jacks Point Zone of a predominantly rural and open character when viewed from the lake, and to maintain and protect views across the site to the mountain peaks beyond the lake when viewed from the State Highway. Re...

9. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

   ...when the licence was issued: (b) In the case of any other institution, the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued: hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital Board: Definition repealed. institution means any hospital, clinic, or other premises in which it is proposed to per...

10. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

    ...2012 the defendant appeared to deny the charge and appeal the decision of the Committee to prosecute, the defendant has since declined to participate further in this prosecution despite having been served with all papers as appropriate. [4] Much care has been taken to effect such service on her because she has been in custody since about 14 May 2013 when she was convicted of four separate frauds and sentenced to imprisonment for two years and three months. As those convictions involv...