Search Results

1. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 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. Footnot...

2. BORA Ngāti Whātua o Kaipara Claims Settlement Bill [pdf, 289 KB]

   ...Crown to comply with a Culture and Heritage protocol issued under Part 2 of the Bill. It might be argued that this clause limits the right to bring civil proceedings against the Crown affirmed by s 27(3) of the Bill of Rights Act. However s 27(3) protects only procedural rights,[6] while clause 29(3) affects the substantive law. Accordingly, no inconsistency arises. Review of this advice 9. This advice has been reviewed, in accordance with Crown Law protocol, by Fergus Sincla...

3. BORA Support for Children in Hardship Bill [pdf, 288 KB]

   ...inconsistent. 12. We understand from MSD there is flexibility in how the work obligations in the Bill will be applied to beneficiaries. Work availability obligations are to be balanced with consideration of employment suitability, exemptions, and protections. Conclusion 13. We have concluded the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Tania Warburton Acting Chief Legal Counsel Office of Legal Counsel Disclaimer In a...

4. BORA Te Atiawa Claims Settlement Bill [pdf, 278 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 23(3) affects the substantive law and does 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 Martha Coleman, Crown Counsel. Kristina Muller Crown Counsel Disclaimer In addition to the general disc...

5. OWG v VJM [2012] NZIACDT 35 (29 June 2012) [pdf, 55 KB]

   ...these circumstances I am satisfied the complaint should not proceed further. The factors leading to that conclusion are: [14.1] Ms OWG is represented by counsel, and is satisfied her complaint has been addressed appropriately. [14.2] There is some protection for consumers of immigration services as: [14.2.1] Mr VJM is no longer practising, and does not hold a licence. [14.2.2] If Mr VJM were to seek to resume practice he could not renew his licence as it has expired (section 24). Th...

6. BORA Canterbury Regional Council (ECan) Temporary Commissioners and Other Matters Bill [pdf, 228 KB]

   ...Rights Act affirms the right of every person to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law. The right to natural justice includes the right to be heard before a decision is made. Moratorium on Water Permits 7. Part 3 of the Bill empowers ECan to impose a moratorium on applications for permits...

7. Interpreter Payments [October 2016] [pdf, 58 KB]

   ...period is also critical. The interpreter needs to understand the skills and commitment required. It would be inappropriate to rely on a family member of the person referred by the Courts to fulfil the interpreting responsibilities. Providers need to carefully consider whether it is even possible to deliver a meaningful assessment and/or programme using an interpreter. In some cases it might be more appropriate for you to redirect the referral back to Courts recommending that a programm...

8. Factsheet: Imprisonment in the general population [pdf, 384 KB]

   ...Statistics Act 1975 are allowed to see data about a particular person, household, business, or organisation, and the results in this report have been confidentialised to protect these groups from identification and to keep their data safe. Careful consideration has been given to the privacy, security, and confidentiality issues associated with using administrative and survey data in the IDI. Further detail can be found in the privacy impact assessment for the IDI available from...

9. Bail conditions [pdf, 100 KB]

   ...justifiable – for example, if the offending is more likely to happen during the curfew hours. Important questions are: • what is the nature of offending? • when and where did offending occur? • what risk is the prosecution seeking to protect against? • how could a curfew reduce the risk? • would there be an impact on other household occupants when curfew checks are done? Assessing bail conditions and dealing with breach Guidance for criminal legal...

10. FM v T Ltd [2022] NZDT 21 (28 February 2022) [pdf, 169 KB]

    ...guarantee that goods are of acceptable quality (s 6). The meaning of acceptable quality includes being reasonably durable, and free from minor defects (s 7). 5. FM argued that the earbuds should not have failed within 6 months. He said that he took care of them, wiping them down whenever there was visible detritus on them. However, the cause of the failure appears to be earwax entering the speaker module. T Ltd argued that this is due to poor maintenance, that if they are not cleaned...