Search Results

1. BORA Corrections Bill [pdf, 107 KB]

   ...provisions in the Bill (in particular, those that provide officers and staff members with the power to use force, including the use of non lethal weapons on prisoners passively resisting a lawful order, and those concerning the restraint of prisoners (clauses 84, 86 and 88)) may appear to be prima facie inconsistent with sections 9 and 23(5) of the Bill of Rights Act. 6. However, we are of the view that the limits and restrictions placed on the exercise of these powers (clauses 84, 85,...

2. 2021-03-18 ORC - Legal submissions - NPSFM 2020 - 16 March 2021 [pdf, 130 KB]

   ...Mehlhopt (philip.maw@wynnwilliams.co.nz / michelle.mehlhopt@wynnwilliams.co.nz) 1 MAY IT PLEASE THE COURT: 1 The Court has invited Counsel for Otago Regional Council (ORC or Council) to make legal submissions on the implications of clause 1.7 of the National Policy Statement for Freshwater Management 2020 (NPSFM), and its relevance to Plan Change 7. Clause 1.7 of the NPSFM requires certain changes to be made to regional policy statements and regional plans without usi...

3. BORA Policing Bill [pdf, 415 KB]

   ...circumstances for consistency with sections 21 and 22 of the Bill of Rights Act. We concluded that this provision was consistent with the Bill of Rights Act in light of the purpose of the provision, and the use that the information will be put to. 9. Clause 34 provides that a constable may in certain circumstances temporarily close any road or any part of the road. We considered this provision in terms of consistency with sections 14 and 18 of the Bill of Rights Act. Taking into account t...

4. BORA Parliament Bill [pdf, 229 KB]

   ...These include: a. failure to provide the officer with certain information that the officer has reasonable grounds for requesting, such as the person’s name and address, and the person’s reason for wanting to enter the parliamentary precinct (clause 169); or 3 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1. b. failure to consent to a search requested by an officer (clause 170(2)(a)), or withdrawing consent to a search before it is finished (clause 170(2)(b)); or c. failure to ha...

5. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...considered potential issues of inconsistency with sections 14, 21 and 25(c) 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...

6. BORA Maritime Security Bill [pdf, 59 KB]

   ...within port facilities. Issues of consistency with the Bill of Rights Act Section 18: the right to freedom of movement 7. The Bill proposes that persons other than those on official duties will be prevented from entering a port security area (clause 45). Further, the Bill enables the chief executive to require a ship that has been expelled from a port to proceed and wait at anchor in a specified area (clause 30) and to declare an exclusion zone around a ship if necessary for the mai...

7. 20241211 Gene Technology Bill [pdf, 249 KB]

   ...latest complete version of the Bill (PCO 26196/4.0), which remains subject to Parliamentary Counsel Office’s quality control processes. We have also relied upon an updated Part 2 of the Bill (PCO 29616/4.3, received on 29 November, which updates clauses 11-50 inclusive of v4.0), and an updated clause 52(3) received on 5 December.1 3. While we have aimed to reflect the Bill’s provisions accurately in our advice, there may be interactions between, or implications of, the provisio...

8. [2007] NZEmpC AC 52/07 General Distributors Ltd v National Distribution Union [pdf, 91 KB]

   ...challenged that determination and sought a rehearing of the whole matter. [3] The parties have helpfully been able to reach an agreed statement of facts and produced an agreed bundle of documents. The following background facts and the relevant clauses from the collective agreement (the “CA”) are taken from that material. The oral evidence was limited to brief statements from one witness from each side, which I shall summarise. Background facts [4] The plaintiff operate...

9. BORA Public Health Bill [pdf, 617 KB]

   ...Corporation. Such an extension is reasonable given that ACC clients are already obliged to sign a consent form allowing disclosure of health information as necessary for the administration of their claim. 59. We therefore consider that where these clauses limit section 14 of the Bill of Rights Act, such limitations appear to be justified under section 5 of that Act. Section 21: Freedom from unreasonable search and seizure 60. Section 21 of the Bill of Rights Act provides the right to...

10. BORA Building Bill - Preliminary [pdf, 55 KB]

    ...accountability and competence by participants in the building industry (e.g: providing for the licensing of building practitioners); and • improving consumer protection (e.g: providing for implied warranties and standard contract terms). Particular clauses of the Bill considered for consistency with the Bill of Rights Act 9. We have considered the consistency of the Bill with the following sections of the Bill of Rights Act: Section 21: the right to be secure from unreasonable...