Search Results

1. BORA New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) Bill [pdf, 377 KB]

   ...ACT Section 14: Freedom of Expression 4. Section 14 of the Bill of Rights Act affirms that: Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. 5. Clause 32 of the Bill requires official names to be used in official documents. Official documents include documents created by a public office (defined in the Public Records Act 2005) or local authority, as well as geographic or scientific...

2. [2016] NZSSAA 032 (20 April 2016) [pdf, 34 KB]

   ...• The formulaic approach used was not supported by the legislation. • The Benefits Review Committee decision suggests institutional bias. 3 Decision Food grant [13] There is specific provision for the payment of food grants in clause 11.2 of the Special Needs Grant Programme. The Programme provides that in the case of a single person with two dependent children, grants of up to $450 in a 26-week period can be made where: (a) the applicant has an immediate need to pu...

3. Consistency with the New Zealand Bill of Rights Act 1990: Taxation (Annual Rates for 2025-26, Compliance Simplification, and Remedial Measures) Bill [pdf, 221 KB]

   ...‘search’ under s 21, such a search is likely to be reasonable, given the sharing provides for the maintenance of the law and supports a broader regime of information sharing across government agencies to support the delivery of core functions. Clauses 168 and 181 14. Clauses 168 and 181 may also engage s 14. These provisions build on the existing framework for providing information to authorised persons (for example, the Police) under the Criminal Proceeds (Recovery) Act 2009....

4. [2022] NZEmpC 57 Rockit Packing Company Ltd v Mortimer [pdf, 277 KB]

   ROCKIT PACKING COMPANY LIMITED v AUSTIN PAUL MORTIMER [2022] NZEmpC 57 [30 March 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2022] NZEmpC 57 EMPC 327/2021 IN THE MATTER OF an application for discovery before proceedings commence AND IN THE MATTER OF an application for non-party discovery BETWEEN ROCKIT PACKING COMPANY LIMITED First Applicant AND ROCKIT TRA

5. [2009] NZEmpC CC 22/09 Gearry v Armourguard Security Ltd [pdf, 49 KB]

   ...essentially flawed in at least five respects. Firstly, the so called “doctrine” of fundamental breach has no application. This theory had its origins in certain English decisions in the 1950s as a means of avoiding the effect of very wide exclusion clauses. It had a short life in the United Kingdom where it was rejected by the House of Lords in 19671 and again in 19802. In this country, it has never been an accepted part of the law.3 In both jurisdictions, the courts have now...

6. [2018] NZEmpC 48 Bayliss v Solar Bright Ltd [pdf, 297 KB]

   ...airport will never be a customer of Bright Light they use engineers who specify Bright Light products in their design. There was the ability therefore to influence. I find that that contact was in the nature of canvasing/soliciting in breach of clause 17.1.1 and interference in breach of clause 17.1.3. [111] Emails were sent on 9 September and 11 October 2016 by Mr Bayliss to an individual from the CDHB. Mr Bayliss again advises he had moved on from Solar Bright and wants to ch...

7. Proactive Release – Amendments to the Criminal Cases Review Commission Bill [pdf, 1.5 MB]

   ...technical in nature and do not require additional policy approvals. For completeness, however, I have outlined some of the more notable of these technical changes below at paragraphs 40 – 43. Setting a fall-back commencement date for the Bill 14 Clause 2 is the commencement clause which states that the Act comes into force on a date appointed by the Governor-General by Order in Council, and that one or more Orders in Council may be made bringing different provisions into force on differe...

8. [2019] NZEnvC 176 Upper Clutha Environmental Society Inc v Queenstown Lakes District Council [pdf, 27 MB]

   ...AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 176 of the Resource Management Act 1991 of an appeal under clause 14( 1) of the First Schedule of the Act UPPER CLUTHA ENVIRONMENTAL SOCIETY INCORPORATED (ENV-2018-CHC-56) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J R Jackson (sitting alone under section 279(1) of the Act) Hearing: at Queenstown on 6 August 2019 Appearances: P Steven QC and E L Keeble for Art...

9. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...promoting the arts in New Zealand, allocating funding to projects for professional and community arts, and giving advice to the Minister on any matter relating to the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination set out in the Human Rights Act 1993, which include race. In our view, taking into account the va...

10. 20240809-Building-Earthquake-prone-Building-Deadlines-and-Other-Matters-Amendment-Bill.pdf [pdf, 185 KB]

    ...59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 8. Several provisions in the Bill prima facie engage the right to freedom of expression as they compel the provision of certain information and require record keeping. 9. In particular, clause 26 provides that stand-alone building consent authorities3 need to provide Fire and Emergency New Zealand with a copy of every application for a kind of building consent specified under section 46 of the principal Act. It also sets out...