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1. Liufau v Lelatu [2014] NZIACDT 43 (31 March 2014) [pdf, 119 KB]

   ...7 February 2012; which Immigration New Zealand refused on 13 February 2012. [6] The statement of complaint identifies the potential grounds for upholding the complaint, with particulars. The key elements and particulars being: [6.1] A breach of clause 1.1(a) of the Code of Conduct – the obligation to perform services with due care and diligence. The particulars are: [6.1.1] The Adviser knew from the start of the engagement that the Complainant was in New Zealand unlawfully. [6.1.2...

2. BORA Electoral (Vacancies) Amendment Bill [pdf, 23 KB]

   ...to officials yesterday afternoon, I advise that no provision in the Bill appears to be inconsistent with BORA. Background 2. The Bill provides that current ss 55(1)(b) and (c) of the Electoral Act 1993 do not apply to any Member of Parliament (clause 4 of the Bill). Those two provisions of the 1993 Act provide that a Member of Parliament vacates his or her seat if he or she takes any oath, declaration or acknowledgement of allegiance or adheres to any foreign prince or power or does,...

3. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   Maungaharuru-Tangitū Hapū Claims Settlement Bill 24 June 2013 Attorney-General Maungaharuru-Tangitū Hapū Claims Settlement Bill (PCO16511/Version 3.10): Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/197 1. I have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). I advise that the Bill appears to be consistent with the Bill of Rights Act. 2. The Bill effects a final settlemen

4. BORA Waka Umanga (Māori Corporations) Bill [pdf, 328 KB]

   ...umanga. Registered members can participate in waka umanga affairs, and have voting rights. Also, clause 1 of Schedule 2 does not permit people under the age of 18 to hold the office of Governor of a waka umanga. 21. We have considered whether these clauses give rise to discrimination on the basis of age, which the Human Rights Act 1993 defines as any age commencing with the age of 16 years. Age limits of any kind are likely to involve a degree of arbitrariness or generalisation witho...

5. Aupouri – Mabel Aupouri Whānau Trust (2014) 37 Tairawhiti MB 93 (37 TRW 93) [pdf, 96 KB]

   ...Tairawhiti MB 93 (37 TTK 93) UNDER Section 214, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Mabel Aupouri Whānau Trust BETWEEN Nancy Aupouri Applicant Hearing: 4 November 2013, 34 Tairawhiti MB 248-250 (Heard at Gisborne) Judgment: 20 February 2014 RESERVED JUDGMENT OF DEPUTY CHIEF JUDGE C L FOX 37 Tairawhiti MB 94 Introduction [1] This application wa...

6. Russia Sanctions Bill [pdf, 180 KB]

   ...designation notice in the Gazette; c. requires a register of sanctions to be maintained and imposes duties to report certain dealings to the Commissioner of Police; d. provides civil and criminal enforcement mechanisms for sanctions. 7. Clause 10(5) also allows regulations creating sanctions to modify specified provisions in other legislation. We do not consider that this clause would apply to allow the making of regulations inconsistent with rights and freedoms affirmed in the...

7. BORA Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill [pdf, 78 KB]

   ...settlement and adequacy of the benefits provided to the Ngati Tuwharetoa (Bay of Plenty) people under the deed or the Bill (clause 15(3)). The Waitangi Tribunal's jurisdiction is specifically excluded (clause 16). Section 27(2) issue 4. The clauses in the Bill ousting the jurisdiction of courts and the Tribunal (clauses 15 and 16) raise an issue about compliance with s 27(2) of the Bill of Rights (the right to seek judicial review). 5. Clause 15 does limit the ability to bring j...

8. BORA Ngaa Rauru Kiitahi Claims Settlement Bill [pdf, 79 KB]

   ...of the deed of settlement and adequacy of the benefits provided to the Ngaa Rauru Kiitahi people under the deed or the Bill (clause 14(3)). The Waitangi Tribunal’s jurisdiction is specifically excluded (clause 15). Section 27(2) Issue 4. The clauses in the Bill ousting the jurisdiction of courts and the Tribunal (clauses 14 and 15 ) raise an issue about compliance with s 27(2) of the Bill of Rights (the right to seek judicial review). 5. Clause 14 does limit the ability to bring j...

9. BORA Education Amendment Bill [pdf, 377 KB]

   Education Amendment Bill - 2009 26 March 2009 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EDUCATION AMENDMENT BILL 1 We have considered whether the Education Amendment Bill (PCO 13565/5.0) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that this Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 2 April 2009. 2 We consid

10. OIA-102423-v2.pdf [pdf, 2.2 MB]

    ...Tel: +64 4 499 2050 Fax: +64 4 499 2053 www.ipca.govt.nz 1. Recent events have brought into sharp focus a significant gap in the Independent Police Conduct Authority Act 1988 (IPCA Act); that is, the absence of an explicit, unambiguous privative clause statutorily ousting the right to challenge actions and decisions of the Authority by way of judicial review. 2. The recent High Court judgment of Gault Jin Deliu v The Independent Police Conduct Authority1, dismissing the Authority...