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1. Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Bill [pdf, 1.3 MB]

   ...party to those claims are in comparable circumstances to the recipients of the entitlements under the Bill. No differential treatment for the purposes of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 4. Clause 104 reserves a special right of access to land on which a protected site is situated'. This right of access applies to Maori for whom the protected site is of special cultural, historical, or spiritual significance. It is conceivable...

2. Child Protection (Child Sex Offender Government Agency Registration) Amendment Bill [pdf, 348 KB]

   ...committed a qualifying offence before, but who were convicted and sentenced after, the principal Act came into force.1 12. The Bill amends Schedule 1 of the principal Act to clarify the principal Act’s retrospective application. It inserts new clause 5 to fill the gap identified by the Supreme Court decision. Clause 5(1) provides that clause 5 applies to persons who committed a qualifying offence before, but who were convicted and sentenced after, the principal Act came into f...

3. 2023-09-04-O2NL-Conditions-Mediation-Version-clean.pdf [pdf, 2.1 MB]

   ...11 Abbreviation/Acronym Term Term/Definition g) site reinstatement; h) landscaping; and i) installation of permanent road furniture and ancillary works. 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. District Council Horowhenua District Council and/or Kāpiti Coast District C...

4. [2006] NZEmpC AC 39/06 Epic Packaging Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 123 KB]

   ...The employer parties to the agreement are seven original parties and numerous subsequent parties who have since joined the collective agreement although we were not told by what process. EPL was not a party to this agreement. [10] The relevant clauses of the Plastics agreement can be summarised as follows: • The “Intent of the Agreement” includes that one of its objectives is “Allowing for flexibility for enterprises to depart from specified provisions through the operation...

5. BORA Overseas Investment Bill [pdf, 174 KB]

   ...in terms of section 5 of the Bill of Rights Act. Compelled expression 8. The Bill contains a number of provisions which require people, particularly applicants or consent-holders, to provide information to the regulator. For instance: • clause 24(3) permits the regulator to require additional information from applicants for the purposes of processing consent applications; • clause 39 permits the regulator to require consent holders to provide information for monitoring thei...

6. [2018] NZEmpC 70 AsureQuality Ltd v NZPSA Inc [pdf, 315 KB]

   ...and increased hours notified under clause 8.3. T1.5 will be paid for hours worked above normal hours on a daily basis when all core meat inspector positions are operating/working. The following do not count: - Hours not worked but paid under clauses 8.3 or 8.10(a)(iv) - Walk time in an HOW Agreement and travel time (d) T2 will be paid for working statutory holidays, plus employees will receive a paid day in lieu. (e) AsureQuality is not restricted from using reserve and/or c...

7. BORA Cluster Munitions Prohibition Bill [pdf, 360 KB]

   ...is within the range considered to be appropriate for strict liability offences. 13. For these reasons, we consider that clause 17(2) is a reasonable limitation on the right to be presumed innocent under section 25(c) of the Bill of Rights Act. Clauses 11 and 12 – indictable offences 14. Clause 11 of the Bill sets out of a series of indictable offences, while clause 12 provides a number of exceptions for conduct that does not constitute an offence under the Bill. 15. For the sake...

8. BORA Energy Safety Review Bill [pdf, 145 KB]

   ...constitute a “search or seizure”. Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are “unreasonable” in the circumstances. Entry and Inspection powers 6. Clause 12 of the Bill repeals and amends Parts 9 to 12 of the Electricity Act. The new section 81 of the Act provides that a person authorised by the Electrical Workers Licensing Board may enter at any reasonable time any premises includin...

9. Baker v Paora - Te Tii Waitangi B3 (2015) 113 Taitokerau MB 31 (113 TTK 31) [pdf, 1 MB]

   ................................................................................................................................... 45 Part C: Powers ................................................................................................................................ 56 Clause 3.2.1: To permit occupation and enjoyment by the beneficiaries ......................................... 57 Clauses 3.2.8 and 3.2.9: To sell and assign, To acquire .................................................

10. [2021] NZEnvC 082 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 367 KB]

    ...'-.','. -- ;·)-. · <'r.)1m·~- o\.~/ IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU Court: Hearing: <¾ <( $ Decision [2021] NZEnvC 08'2.. IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN-EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED AND AND AND AN...