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1. BORA Ngāti Rangi Claims Settlement Bill [pdf, 115 KB]

   4521478_BORA VET LETTER (002) 26 March 2018 Attorney-General Tēnā koe Ngāti Rangi Claims Settlement Bill (v 5.0) - Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/280 1. We have considered the above Bill for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”). We advise that the Bill appears to be consistent with the Bill of Rights Act. 2. The Bill will effect a final settlement of the Ng

2. BORA Judicature Modernisation Bill [pdf, 321 KB]

   ...made unless the interests of justice so require, and that any examination should be no more intrusive than is reasonably necessary to achieve its object [7]. 20.We conclude the provision is not inconsistent with s 11 NZBORA. Acting judges; clauses 110-116, 214-215 (Bill pp 72-75, and 119) 21.Clauses 110 and 111 of the Bill provide for acting Supreme Court and Court of Appeal judges. Clauses 112 and 113 provide for acting High Court and Associate Judges. All candidates mu...

3. BORA Food Bill [pdf, 152 KB]

   Food Bill 25 March 2010 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: FOOD BILL 1. We have considered the Food Bill (PCO 7667/14.3) (‘the Bill’) for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on 1 April 2010. 2. We have concluded that the Bill appears to be consistent with the right

4. BORA Taxation (Depreciation, Payment Dates Alignment, and Miscellaneous Provisions) Bill [pdf, 88 KB]

   ...matters, to the Inland Revenue Department prescribed financial records relating to foreign trusts for New Zealand tax purposes. Right to freedom from discrimination Section 19 of the Bill of Rights Act 5. We have considered whether certain clauses of the Bill could give rise to various issues of discrimination under section 19 of the Bill of Rights Act. Section 19(1) of that Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rig...

5. Anderson - Te Raupo (2015) 99 Taitokerau MB 206 (99 TTK 206) [pdf, 263 KB]

   ...contemplation of nine houses being built. HNZ provided the loan, the Trust provided the land and HNZ retained the right in the event of default (among other events) to sever and remove the house and sell it. I summarise below the deed’s provisions: Clauses 1 to 3 are incidental. Clauses 4 to 6 relate to the loan and the application of the loan monies. Clauses 7 and 8 relate to the borrower’s responsibilities in erecting the house. 99 Taitokerau MB 218 Clauses...

6. Somlu v Prakash [2014] NZIACDT 68 (17 June 2014) [pdf, 126 KB]

   ...are the adviser’s failure to initiate the client engagement properly, and return documents. They are all obligations imposed by the Code of Conduct. The Tribunal has not upheld the complaint in relation to invoices. The Statement of Complaint [5] The Registrar filed a statement of complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint. [6] The adviser breached the Licensed Immig...

7. Waitangi Tribunal - Wai 2522 2.5.0019 TPPA [pdf, 814 KB]

   ...Wellington if a larger venue is required. Issues for inquiry 2. In our decision of 31 July 2015 we granted urgency/priority with respect to the following two issues 0/Vai 2522, #2.5.9, para 74): (a) Whether or not the Treaty of Waitangi exception clause is indeed the effective protection of Maori interests it is said to be; and (b) What Maori engagement and input is now required over steps needed to ratify the TPPA (including by way of legislation and/or changes to Government polici...

8. BORA Credit Contracts and Consumer Finance Amendment Bill [pdf, 136 KB]

   ...expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 7. Several clauses in the Bill require lenders to disclose certain information or otherwise regulates how information must be imparted: a. Clause 10 of the Bill requires that any advertising comply with standards, to be set out in regulations, a...

9. Smith v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 123 [pdf, 226 KB]

   ...course. One factor in the grant of leave is the wider importance of any contended point of law … . The Court’s judgment of 24 March 2023 [12] Judge McGuire noted that the process under the Act and Regulations is as follows: (a) Schedule 1, clause 59 provides, after the Corporation receives a certificate under clause 57(1) (the claimant’s condition resulting from the personal injury has stabilised and it is likely there is permanent impairment resulting from the injury), a...

10. Asad v Patel [2014] NZIACDT 61 (30 April 2014) [pdf, 138 KB]

    ...Licensed Immigration Advisers Code of Conduct 2010, in that he breached his duties: [5.1.1] Of care, diligence, respect and professionalism under the Code of Conduct, in performing his services and his obligation to comply with immigration legislation (clause 1.1(a)) and clause 2.1(b)); [5.1.2] To complete the professional engagement processes in relation to written agreements and fees (clauses 1.5(a), (b), (c) and (d); and clauses 8(b), (c) and (d)); and [5.1.3] To refund unearned f...