Search Results

1. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...OF THE BILL OF RIGHTS ACT ISSUES 5. Below is a summary of how the issues of inconsistency with sections 14, 18, 19, 21, 25(c), and 26(1) of the Bill of Rights Act arise. A more detailed analysis of these issues follows this summary. 6. Several clauses in the Bill require the debtor or bankrupt and other persons to attend an examination conducted by the Assignee. These clauses give rise to an issue under section 14 of the Bill of Rights Act (right to freedom of expression) because they...

2. Local Government Bill [pdf, 440 KB]

   ...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. Page 10 of 24 SECTION 14 - RIGHT TO FREEDOM OF EXPRESSION Schedule 3, Clause 53 - Advertising Expenditure Limits 20. Where a local authority is required under the Bill to poll its constituents over a matter affecting the way in which it is organised, it must determine how much money it intends to spend on adv...

3. BORA Major Events Management Bill [pdf, 330 KB]

   ...obtaining maximum benefits from the major event for New Zealanders as well as preventing unauthorised commercial exploitation of the event at the expense of the major event organiser or sponsor. Issues of inconsistency with the Bill of Rights Act Clauses containing limitations on the right to freedom of expression (section 14) 5. The Bill contains several proposals that limit the freedom of expression: (a) Clause 9 (No representation of association with major event) (b) Clause 17 (...

4. BORA Therapeutic Products and Medicines Bill [pdf, 341 KB]

   ...replaces the Medicines Act 1981 (and regulations made under that Act) with updated legislation for controls on medicines after they have been approved for the market and are in the domestic supply and distribution chain in New Zealand. 8. Several clauses in the Bill require people to provide information and documents to authorities and to the Finance Minister. These clauses give rise to an issue under section 14 of the Bill of Rights Act (right to freedom of expression) because t...

5. BORA Financial Advisers Bill [pdf, 375 KB]

   ...issues of inconsistency with sections 14, 17, 19, 21, 25(c) and 27(1) of the Bill of Rights Act and assessed whether or not these issues are justifiable under section 5 (Justified limitations) of that Act. To that end we examined whether the relevant clauses serve an important and significant objective, and whether there is a rational and proportionate connection between these clauses and that objective.[1] 3. We have reached the conclusion that the Bill appears to be consistent with the...

6. BORA Patents Bill [pdf, 317 KB]

   ...issues of inconsistency with sections 14, 19, 21, 25(c) and 27(1) of the Bill of Rights Act and assessed whether or not these issues are justifiable under section 5 (Justified limitations) of that Act. To that end we examined whether the relevant clauses serve an important and significant objective and whether there is a rational and proportionate connection between these clauses and that objective.[1] 3. We have reached the conclusion that the Bill appears to be consistent with the right...

7. Property-Law-Act-amendments-in-the-COVID-19-Response-Management-Measures-Legislation-Bill.pdf [pdf, 1.3 MB]

   ...began, some commercial leases provided for a reduction of a fair proportion of rent where the tenant cannot access the premises in an emergency. Many commonly used the Auckland District Law Society (ADLS) template lease, which includes a rent reduction clause (included at Appendix One). 5 In July 2020, the Government agreed to make subsidised mediation and arbitration services available for unresolved commercial lease disputes. This was intended to support tenants and landlords to come...

8. Nicholls v Nicholls - Estate of Wiremu Uru Nicholls (2002) 104 Hauraki MB 82 (104 H 82) [pdf, 2.9 MB]

   ...84 Page 3 contrasted with the date of death of the testator, namely 11 January 1989. I refer to these dates as the date of distribution and date of death respectively. The application requires the Court to determine the persons entitled under clauses 3(a) to (e) of the will. Following receipt of the application I issued a minute at Hauraki Minute Book 102/160-161 on 20 December 2000 which set out my preliminary views on the interpretation of the Will and invited comments. Mr Revel...

9. BORA KiwiSaver Bill [pdf, 414 KB]

   ...the legislation gives rise to an issue under section 19(1) of the Bill of Rights Act. As noted above, where this is the case, the legislation falls to be justified under section 5 of the Bill of Rights Act. Eligibility for 16 - 17 year olds 13. Clause 8 (Who automatic enrolment rules apply to) provides that the automatic enrolment rules apply to every employee who starts a new job, with an employer that is not an exempt employer, and is aged 18 years or over. This clause draws a distinc...

10. [2006] NZEmpC AC 44/06 Spotless Services (NZ) Ltd v Service and Food Workers Union Inc [pdf, 71 KB]

    ...2006 JUDGMENT OF JUDGE M E PERKINS Introduction [1] The parties seek an interpretation from the Court as to the effect of clauses contained in their current collective employment agreement. The agreement covers the period 21 April 2005 to 20 June 2006 or until varied or renewed. The parties to the agreement are the parties to this proceeding. The agreement in question is the Spotless Services (NZ) Limited & Service and Food Workers Union, South Auckland Health Empl...