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1. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...Bill of Rights Act provides the right to the observance of the principles of natural justice by any tribunal or any 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. 7. One amendment was identified as potentially giving rise to a prima facie issue of inconsistency with section 27(1) of the Bill of Rights Act. The Veterinarians Act 2005 8. The Bill proposes to amend section...

2. Factsheet: Convictions in the general population [pdf, 389 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...

3. OIA-98256.pdf [pdf, 154 KB]

   ...Family Justice Services and on their journey through the Family Court. While Ka iarahi will not provide legal advice, the service is free and will support whanau by: • Accessing support in the community to help fam ilies reach agreement about the care of their children. • Helping part ies understand the Family Court and support them through their journey. • Supporting community groups that work w ith whanau/families. Recruitment for the Kaiarahi roles began in March 2021 with...

4. Submissions-on-behalf-of-CDHB-as-to-Scope.pdf [pdf, 242 KB]

   ...responder” is important. 8. For the reasons that follow, it is submitted that CDHB/Christchurch Hospital is not properly described as being a ‘first responder’. 9. There is no legal definition of “first responder.” However, in the Protection for First Responders and Prison Officers Bill (defeated on 14 April 2021) “first responder” was defined as: (a) a constable (within the meaning of section 4 of the Policing Act 2008); or (b) an emergency services worker (w...

5. [2019] NZEnvC 133 Darby Planning Limited Partnership v Queenstown Lakes District Council [pdf, 25 MB]

   ...of the last six words of 3.1A.2, ie " ... and no hierarchy exists between them". ORC also recommends the addition of a provision to the effect that so-termed "enabling" sos are to be achieved "while also achieving" protective SOs;48 (e) QLDC supported the substance of the preliminary observations in the Conferencing Minute.49 It agreed that SOs and SPs are to be applied "in tandem" with other chapter objectives and policies, but "on a bas...

6. Auckland Standards Committee v Lee [2015] NZLCDT 33 [pdf, 36 KB]

   ...the alternative limb of the charge to be proved. This is a contravention of Rule 13.2 which states: “A lawyer must not act in a way that undermines the processes of the court or the dignity of the judiciary.” [31] This provision exists to protect the integrity of the justice system as a whole. It is the protection of the dignity of the judicial office itself, rather than the individual judicial officer which is essential. [32] It is not for lawyers to second-guess Court orde...

7. [2018] NZEmpC 10 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 162 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuine plaintiff is not lightly to be denied. [16] Of course, the interests of defendants also must be weighed. They must b...

8. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...free from unreasonable search and seizure, it is unnecessary to carry out a further analysis under s 5. If a search or seizure is unreasonable it cannot be justified. [4] • The Court of Appeal has said that the “touchstone” of s 21 is the protection of reasonable expectations of privacy: [5] • The main aim of s 21 of the Bill of Rights is to protect privacy interests. It is only where a person's reasonable expectations of privacy have been breached that a personal re...

9. BORA Business Law Reform Bill [pdf, 392 KB]

   ...the provision falls to be justified under section 5 of the Bill of Rights Act. 20. The different treatment of large companies is retained because these companies have a significant effect on the New Zealand economy. The provision is intended to protect New Zealand interests which could be supplanted by the broader interests of the company. This can be considered a significant and important objective. 21. The additional reporting requirements are intended protect New Zealand interests...

10. Napier v Registrar of Real Estate Agents Authority [2017] NZREADT 70 (27 Nov 2017) Ruling on prohibition of publication [pdf, 175 KB]

    ...interest, and the right for proceedings to be reported on. The Tribunal accepts the purposes of the Act as they are set out in s 3 of the Act, and we do not need to repeat them. The Tribunal is very aware that the purpose of the Act is to promote and protect the interests of consumers and to promote public confidence in the real estate agency industry. [4] It is also accepted that one of the functions [of] the Tribunal is, to put it shortly, to hold licensees to account. It is...