Search Results

1. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...Hon George Hawkins, was introduced to the House of Representatives on 22 November 2005 and is currently awaiting its first reading. We understand that the next Members' Day is scheduled for Wednesday, 7 December 2005. 2. We have concluded that clause 12 of the Bill, which empowers police to require a person suspected of an offence to supply the name, address and whereabouts of any other person connected in any way with an alleged offence under the Bill, is inconsistent with section...

2. BORA Anti-Money Laundering and Countering Financing of Terrorism Bill [pdf, 313 KB]

   ...Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Anti-Money Laundering and Countering Financing of Terrorism Bill 1. I have reviewed the Anti-Money Laundering and Countering-Financing of Terrorism Bill (PCO12951/9.0) for consistency with the New Zealand Bill of Rights Act 1990. 2. According to the explanatory note the purpose of the Bill is to enhance New Zealand's framework for anti-money laundering measures and countering the financing...

3. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...and the history of litigation [2] Transpacific Industries Group (NZ) Ltd (Transpacific) operates a waste management business. It is one of the largest operators in that field in New Zealand. Mr Harris was employed by Transpacific in Auckland. Clause 7 of their employment agreement was headed “COVENANT NOT TO COMPETE”. It contained several paragraphs. Clause 7.1 purported to comprise an agreement that Mr Harris would not work for any competitor of Transpacific in the Auckl...

4. Dixon v Accident Compensation Corporation (Employment Status at time of Incapacity) [2023] NZACC 170 [pdf, 223 KB]

   ...Hinchcliff for the Appellant Ms B Johns for the Respondent Judgment: 25 October 2023 _____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE [Employment Status at time of Incapacity; clause 43, First Schedule Accident Compensation Act 2001] _____________________________________________________________________ [1] In this case, Counsel have helpfully agreed a summary of facts and issues as follows: Agreed Issu...

5. Baker - Te Tii (Waitangi) B3 Trust (2011) 19 Taitokerau MB 116 (19 TTK 116) [pdf, 9 MB]

   ...current beneficiaries are estimated to number more than 5,000, though a register is not kept. Trust orders [15] The Court established the Trust on 15 April 1954 pursuant to s 438 of the Māori Affairs Act 1953. Six trustees were appointed. Clauses 1 and 2 of the trust order empowered the subdivision, development and leasing of the land and clause 7 defined the beneficiaries in the following manner: 7. The functions of the Trustees shall be to administer the revenue in accordance...

6. BORA Identity (Citizenship and Travel Documents) Bill [pdf, 139 KB]

   ...waived if an applicant, because of his or her age or standard of education, would suffer undue hardship if compliance on this requirement were insisted upon. Amendments to the Passports Act Sections 18(3): the right to freedom of movement 12. Clauses 23, 26, 30, 33, and 34 provide for the refusal of issue or cancellation of New Zealand travel documents (passports, certificates of identity, emergency travel documents, and refugee travel documents). The aim of these clauses is to pr...

7. BORA Criminal Proceeds (Recovery) Bill [pdf, 437 KB]

   ...forfeiture of other property representing the proceeds of crime or assessed to be the value of a person’s unlawfully derived income. Accordingly, there is provision in Part 2 for the making of the following types of orders: 4.1 Restraining orders (clauses 24 to 26), which have the effect of restraining the person subject to the order from dealing with the property other than provided for in the order, and permitting the Official Assignee to take control and custody of the property. Rest...

8. BORA Charities Bill [pdf, 150 KB]

   Charities Bill 2004 10 March 2004 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Charities Bill 2004 1 We have considered whether the Charities Bill (PCO 5217/11) is consistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 18 March 2004. 2. The purpose of this Bill is to establish a regulatory framework for charities

9. BORA Te Ture Whenua Māori Bill [pdf, 218 KB]

   ...objectives of the regime, as the framework ensures Māori land retention remains a core focus of the regime and continues to regulate transactions where retention may be placed at risk. The regime 4 Clause 5 of the Bill defines ‘Māori’ as ‘an individual of the Māori race of New Zealand, and includes a descendant of such an individual’. 5 Hansen v R [2007] NZSC 7 [123]. provides a framework to protect and promote the d...

10. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

    ...right to refuse to undergo medical treatment protects the concept of personal autonomy, specifically the idea that individuals have the right to determine for themselves what they do or not do to their own body, free from restraint or coercion. 11. Clause 19 requires that once an Area Director has received an application to assess whether a person has a severe substance addiction, the Area Director must make the necessary arrangements to have a person assessed by an approved specialist....