Search Results

1. BORA Railways Bill [pdf, 34 KB]

   ...unreasonable search and seizure. There are two limbs to the right. First, section 21 is applicable only in respect of those activities that constitute a search or a seizure . Second, where certain actions do constitute a search or seizure, [1] section 21 protects only against those searches or seizures that are unreasonable in the circumstances. 8. In assessing the substantive "reasonableness" of any power of search and seizure, the Ministry is of the view that section 5 of the...

2. BORA Diplomatic Privileges And Immunities Amendment Bill [pdf, 19 KB]

   ...detention; immunity from legal process; inviolability of papers and documents; communication privileges; and exemption from taxation on the salaries, emoluments and allowances paid to them by the Court). It ensures that each group retains the core protections necessary to ensure that they can perform their functions independently. 10. The corollary is that some privileges (especially, customs privileges) can be regarded as less fundamental and their absence for New Zealand nationals and...

3. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...Zealand law committed overseas". The objective is one of ensuring that such persons do not have impunity with respect to offences committed either in the course of the official operations of the overseas operating force (but subject to the usual protections in this situation) or outside of their official duties. Equally, it is preferable that New Zealand possesses jurisdiction for New Zealand personnel deployed overseas so as to avoid exposure to a judicial or penal system that may b...

4. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...Accordingly, this provision appears to be consistent with section 19 of the Bill of Rights Act. Section 27(2): Right to Judicial Review 6. Section 27(2) of the Bill of Rights Act affirms that 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. We have considered whether clause 1...

5. 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...

6. 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...

7. 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...

8. 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...

9. [2017] NZEnvC 150 Blueskin Energy Ltd v Dunedin City Council [pdf, 11 MB]

   ...and Sycamore, are of the view that there are provisions in the 2GP and in the proposed RPS which may frustrate the 35 Section 31 provides more particularised direction to territorial authorities that it is the effects of the use, development, or protection of land and associated natural and physical resources. 36 Southland Fish & Game New Zealand v Southland District Council & Ors at [23]. 3? Environmental Defence Society Incorporated v New Zealand King Salmon Company Limited [2...

10. [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...