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1. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...appear to be inconsistent with the Bill of Rights Act, we wish to draw one aspect of the Bill to your attention. ISSUES OF CONSISTENCY WITH THE BILL OF RIGHTS ACT Section 17 of the Bill of Rights Act – Right to freedom of association: 4. Clause 7 of the Bill establishes a new organisation called the Auckland Regional Transport Authority ("ARTA"). ARTA is a subsidiary of the ARC. The principal objective of ARTA is to "plan, fund, and develop the Auckland regional tra...

2. 29a.-Appendix-A-to-the-Evidence-of-Ms-McLeod-O2NL-Conditions-Evidence-Version-Tracked.pdf [pdf, 2.4 MB]

   ...installation of permanent road furniture and ancillary works. Construction footprint The area in the Project Area within which construction activities occur. Contaminated land For the purpose of Condition RSW1, a piece of land described in subclause (7) or (8) of the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 The term is added as a consequence of an amendment to Cond...

3. [2011] NZEmpC 144 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 131 KB]

   ...and conditions of employment of meat process workers employed by the defendant (AFFCO) under the AFFCO New Zealand Core Employment Agreement (the collective agreement) include a provision relating to seniority. Over the years the “seniority clause”, as it is commonly referred to, has been the subject of several decisions of both this Court and the Court of Appeal. 1 In essence, the seniority clause requires AFFCO to maintain a seniority list in respect of each meat...

4. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...persons who are aged 18 years or over or who have earlier been married, entered into a civil union, or been in a de facto relationship may apply for a declaration from the Family Court as to the sex to be shown on a birth certificate. 13. These clauses draw a distinction between those aged 16 or 17 and those aged 18 years and above for the purpose of eligibility to apply for the registration of a name change, the inclusion of additional information in an adopted person’s birth informa...

5. [2017] NZEmpC 69 8i Corp v Marino [pdf, 156 KB]

   8I CORPORATION v SABASTIAN MARINO NZEmpC AUCKLAND [2017] NZEmpC 69 [6 June 2017] IN THE EMPLOYMENT COURT AUCKLAND [2017] NZEmpC 69 EMPC 225/2016 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN 8I CORPORATION First Plaintiff AND 8I LIMITED Second Plaintiff AND SABASTIAN MARINO Defendant Hearing: 7 March 2017 (Heard at Auckland) Appearances: R Towner and S L Maxfield, counse

6. BORA Criminal Cases Review Commission Bill [pdf, 139 KB]

   4848888_CRIMINAL CASES REVIEW COMMISSION_ BILL OF RIGHTS ADVICE 14 September 2018 Attorney-General Criminal Cases Review Commission Bill – Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/286 1. We have reviewed the Criminal Cases Review Commission Bill (CCRC Bill) for consistency with the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). A copy of the current version of the Bill is enclosed with this advice. We have concluded t

7. BORA Electoral Finance Bill [pdf, 444 KB]

   ...and address of the person responsible and further if that person is the financial agent of a party or candidate, a third party or if the cost of advertisements by that person is not more than $500.00 in a constituency campaign or $5,000.00 in total (clause 53). 5.2 Election advertisements that promote a party or candidate may only be published by the financial agent of that party or candidate (clauses 55, 60 & 82). Third party election activity must be authorised by the third party&#...

8. Hutana - Estate of Te Whe Ariki Hutana (2019) 53 Te Waipounamu MB 97 (53 TWP 97) [pdf, 329 KB]

   ...Oral submissions were concluded in relation to the succession application, and I adjourned for a preliminary determination to issue on the interpretation of the will. The Will [9] Te Whe Hutana’s will is dated 23 January 2002. The relevant clauses are reproduced below: 3. Chattels 3.1 I give all my “personal Chattels” as defined in section 2 of the Administration Act 1969 (but excluding any motor vehicles) to my Trustees to distribute them in accordance with any wishes...

9. Moke - Succession to Te Poroa Joseph Malcolm (2025) 339 Waiariki MB 182 (339 WAR 182) [pdf, 230 KB]

   ...however there was a dispute as to the concept of Kāwai and how it is applied to representation and participation within the trust. [11] “Kāwai” provides a representational basis for Te Pōroa and Grace’s descendants. In accordance with clause 3.4 of the proposed terms of trust there are seven Kāwai: Kāwai refers to the descent group from each line(s) of the tūpuna as follows: (a) Margaret Makarita Hahipene and her biological descendants including whāngai and children...

10. Education and Training Bill Advice [pdf, 275 KB]

    ...freedoms affirmed in the Bill of Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with sections 9 (right not to be subject to torture or cruel treatment), 13 (freedom of thought, conscience, religion, and belief), 15 (manifestation of religion and belief), 14 (freedom of expression), 17 (freedom of association), 18 (freedom of movement), 19 (freedom from discrimination), 21 (freedom from unreasonable search and seizure), 22 (liberty of the person), a...