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1. BORA Public Safety (Public Protection Orders) Bill [pdf, 352 KB]

   ...behavioural characteristics, and both the Court and the subject of the application may seek further expert evidence.[4] The Court may also require the Chief Executive to consider whether the subject should instead be detained under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 or the Mental Health (Compulsory Assessment and Treatment) Act 1992.[5] Detention under the Bill 11. The Bill provides for the making of orders for effective periods of five years f...

2. Cooper v Hamilton Pharmacy 2011 Ltd (Application for Non-Publication Orders) [2017] NZHRRT 34 [pdf, 388 KB]

   ...required standard of competence, health practitioner A may give the Registrar of the authority that health practitioner B is registered with written notice of the reasons on which that belief is based. (2) If a person holding office as Health and Disability Commissioner or as Director of Proceedings under the Health and Disability Commissioner Act 1994 has reason to believe that a health practitioner may pose a risk of harm to the public by practising below the required standard of comp...

3. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 2 - Sept 2016 [pdf, 126 KB]

   ...only setting out the framework for the more detailed decisions to be made in October 2016, the Ministry has decided to address the issues collectively in the wider RIS. Gender implications 67. The reforms will not have any gender implications. Disability perspective 68. The reforms will not have any disability implications. Publicity 69. No public announcement is planned at this stage. Recommendations The Minister of Justice recommends that the Committee: 1. Note that in Septembe...

4. BORA Enhancing Identity Verification and Border Processes Legislation Bill [pdf, 186 KB]

   ...care facility under the Criminal Procedure (Mentally Impaired Persons) Act 2003;21 (b) Special care recipients - persons charged with an offence who the Court has ordered are to be held in a hospital or secure care facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003; and and 20 Fn 2 p 1054 at [18.30.11]: Butler and Butler note that the prison context “is a field in which limits on the usual warran...

5. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 21 (27 June 2022) [pdf, 192 KB]

   ...need to establish a causal connection between the unjustified actions of the employer and the injury to feelings, loss of dignity and/or humiliation suffered. • Actual cause need not be proved, as stated in Marks v The Director of Health and Disability Proceedings:12 8 Hong v Auckland Standards Committee No. 5 [2020] NZHC 1599; at [208]. 9 Commissioner of Police v Robert Craig Hawkins [2009] NZCA 209. 10 (See Hammond “Beyond Dignity” in Berryman and Bigwood (eds) The Law of Re...

6. [2023] NZSSAA 7 (30 March 2023) [pdf, 260 KB]

   ...Help Programme. [20.5] There is no basis that XXXX is entitled to further grants going forward. [20.6] The Ministry provided other forms of support that were permitted by law, and appropriate. This included support 7 from a disability allowance and “home help for domestic support”.4 The Law [21] As was said in the Indicative decision, the regulation of social security is somewhat more complex than some of New Zealand’s legislative regimes. It includes...

7. Cabinet paper Responding to the Waitangi Tribunal [pdf, 2.1 MB]

   ...approaches taken by the Tribunal; 38.4 clarifying that whilst “actual and reasonable costs” is a judgement call for agencies this should include funding of additional support to enable the participation of all claimants, particularly elderly and disabled people who may require additional assistance to access the Tribunal, such as accessible transport options; 38.5 specifying lead agencies should consider requests to fund research and work with the Tribunal on the usefulness of suc...

8. Duty Lawyer Operational Policy for CPIP 2024 [pdf, 363 KB]

   ...cannot be submitted • provide information that the Legal Aid office may need to consider in making the decision to grant aid where there are special circumstances (eg relevant history, the need for an interpreter, serious mental health/intellectual disability problems, the financial circumstances of a partner or other relevant financial information) • provide the reasons for an interests of justice based application • acknowledge on the form the name of the duty lawyer who has c...

9. ZM v BQ [2025] NZDT 85 (27 February 2025) [pdf, 195 KB]

   ...$3,500.00 15. The second hearing took place by phone on 10 February 2025. Both parties participated in both hearings. Law / Jurisdiction 16. Parts of ZM’ submissions refer to rights that patients have under the Code of Health and Disability Services Consumer Rights, such as the right to be treated with respect, and the right to be treated fairly without discrimination. 17. In New Zealand, the Dental Council, established and empowered by the Health Practitioners Compet...

10. Standards of Care 2018 [pdf, 450 KB]

    ...College of Obstetricians and Gynaecologists FRCOG Fellow Royal College of Obstetricians and Gynaecologists FRNZCGP Fellow Royal New Zealand College of General Practitioners HPCAA Health Practitioners Competence Assurance Act 2003 HDC Act Health and Disability Commissioner Act 1994 HR Heart Rate IU Intrauterine IUD Intrauterine Device IUS Intrauterine System IV Intravenous LARC Long Acting Reversible Contraception MEDSAC Medical Sexual Assault Clinicians Aotearoa MEDSAFE NZ Medicin...