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1. [2022] NZEnvC 220 Chen v New Zealand Transport Agency - Waka Kotahi [pdf, 662 KB]

   ...where those effects include the acquisition of private property or other derogation from the rights of a person with an interest in that property. The phrase “having particular regard to” in relation to relevant considerations has been carefully analysed by the High Court as follows (footnotes omitted):5 [64] Plainly the phrase “shall have particular regard to” conveys a stronger direction than merely “to have regard to”. Section 7 (which includes the phrase) is one...

2. BORA Corrections Amendment Bill [pdf, 265 KB]

   ...unreasonable search and seizure. 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". Second, where certain actions do constitute a search and seizure, s 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 14. Reasonableness will depend upon both the “subject matter” and the unique combination of “time, place and circumstance” o...

3. [2021] NZREADT 20 - Sheldon (5 May 2021) [pdf, 233 KB]

   ...relation to his conduct in marketing a property at Laingholm, Auckland (“the substantive decision”).1 [2] The Tribunal found that Mr Sheldon had acted in breach of rr 9.1 and 9.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) by sending text messages to prospective purchasers of the property inviting expressions of interest at “around $1.1 million”, and in so doing misled prospective purchasers as to the vendors’ price e...

4. 2023 NZPSPLA 022-.pdf [pdf, 83 KB]

   ...the cancellation of Mr Towgood-Taiwhanga’s certificate. [4] Mr Towgood-Taiwhanga has a recent history of resorting to violence when provoked particularly when he has been drinking. Several of these incidents have occurred while he had the care of his children. In addition, security guards are often required to work cooperatively with the police either in protecting crime scenes or keeping order. Mr Towgood-Taiwhanga has demonstrated an inability to do this. [5] Mr Towgood-T...

5. BORA Education Pastoral Care Amendment Bill [pdf, 218 KB]

   Education (Pastoral Care) Amendment Bill Government Bill Explanatory note General policy statement [MOE to provide] Departmental disclosure statement The Ministry of Education is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at [PPU to insert URL...

6. Deputy Registrar v Graham - Parehuia June Durie Kaitiaki Trust (2015) 334 Aotea MB 201 (334 AOT 201) [pdf, 282 KB]

   ...hearings relating to competing succession applications concerning the estate of Parehuia June Durie. 1 The late Ms Durie left one child, Robert Sainsbury. Mr Sainsbury was legally adopted as an infant. [2] Gloria Graham had been the primary caregiver for Parehuia Durie since mid 2003, with authority over her personal affairs including oversight of her Māori land interests and income. Three months before the appointment of Mrs Graham as kaitiaki trustee Parehuia Durie execute...

7. Shepherd & Ors as Trustees of the Bell Shepherd Family Trust v Lay [pdf, 288 KB]

   CLAIM NO: 00939 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN MICHAEL DAVID SHEPHERD, FIONNA MOANA ANNE BELL and TODD WILLIAM HUNTER as Trustees of the Bell Shepherd Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (

8. Family Violence Risk Assessment and Management Framework [pdf, 1.7 MB]

   ...victims, perpetrators, families and whānau to find the help they need. We need a new approach where agencies, services and practitioners can proactively support individuals, family and whānau experiencing family violence. We need a new approach to protect victims and stop perpetrators committing family violence. If the system is to deliver improved outcomes for people, it’s imperative it takes a consistent, coordinated, and supportive approach to securing the engagement of all victi...

9. BORA-Advice-Pae-Ora-Healthy-Futures-3-Day-Postnatal-Stay-Amendment-Bill-PUBLISHED.pdf [pdf, 250 KB]

   ...freedom of expression, and s 19, freedom from discrimination. Our analysis is set out below. The Bill 3. The Bill amends the Pae Ora (Healthy Futures) Act 2022 (the principal Act). It increases the amount of publicly funded inpatient postnatal care1 for mothers and newborns from 48 to 72 hours following birth and creates a requirement for lead maternity providers to inform women of this entitlement. Consistency of the Bill with the Bill of Rights Act Section 14 - Freedom of expressi...

10. Proposals against incitement of hatred and discrimination - discussion document - accessible [docx, 206 KB]

    ...and personal information 6 Questions and further information 7 Safety concerns 8 What you can do if you are experiencing hateful speech or behaviour? 8 Background and context 9 Why is the Government doing this? 9 The right to freedom of expression is protected but is subject to reasonable limits 10 The Human Rights Act 1993 contains two provisions prohibiting the incitement of hostility 11 Several problems have been identified with the current law 13 The Government is seeking feedback on six pr...