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1. Proactive Release – Expiring Anti-Money Laundering and Countering Financing of Terrorism Act 2009 regulations: substantive and technical changes and new regulatory proposals [pdf, 954 KB]

   ...some people to participate in the financial system. In particular, the FATF has identified that requirements to verify a customer’s address can be difficult for disadvantaged and vulnerable people to comply with, including low income households, disabled persons, and individuals in rural communities. New Zealand’s AML/CFT regime requires verification of address: to the extent that Māori are vulnerable, they may be disproportionately impacted by this requirement. 63. The prop...

2. Options for resolving remaining Canterbury Earthquakes Insurance disputes [pdf, 384 KB]

   ...expectations: some advocates or experts may create claimant expectations that are beyond insurance entitlements. 28.5. Vulnerability: 24% of RAS’ greater Christchurch cases involve claimants who self-identify as vulnerable (eg, because of health, disability, age, financial vulnerability, and language). RAS provides some assistance and Earthquake Support Co-ordinators (accessible through NGOs) can connect vulnerable claimants to services. However, these services may not meet the nee...

3. BORA - APEC 2021 Bill [pdf, 199 KB]

   ...leaders’ events (cl 92). The Commissioner may only authorise the use of the technology if the use is to counter potential or actual risks to security (cl 90). The technology can be used to detect, intercept, transmit, retransmit, modify, disrupt, disable, or interfere with radiocommunication, and a person authorised to use the technology may use any information derived from the radiocommunication (cl 97). 38. The Commissioner may only authorise the use of the technology for the minimu...

4. Tamplin v Boizard [2021] NZHRRT 42 [pdf, 242 KB]

   ...Tribunal are open to the public and there are only limited circumstances in which certain information is not published. The Tribunal only hears claims arising under the PA 1993 (and the Privacy Act 2020), the Human Rights Act 1993 and the Health and Disability Commissioner Act 1994. In all three of these jurisdictions significant and often sensitive personal information arises for most parties. If the legislature had intended all matters in the Tribunal to be private and not published,...

5. Rata v Rata - Takahiwai 5F1 [2023] Chief Judge's MB 60 (2023 CJ 60) [pdf, 262 KB]

   ...beneficiary or vesting the share of any beneficiary in any other person who is beneficially interested in any land in which the deceased owner had an interest. Any such agreement or arrangement may, in the case of a beneficiary who is a person under disability, be entered into or made on his behalf by his trustee, if a trustee has been appointed under Part X hereof, and, if no such trustee has been appointed, may be entered into or made by any other responsible person. (4) After making...

6. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...Covenant on Economic, Social and Cultural Rights; art 2 ICCPR; art 2 United National Convention on the Rights of the Child; art 1 Convention on the Elimination of All Forms of Discrimination against Women; art 3 Convention on the Rights of Persons with Disabilities. 20 65. The Royal Commission was tasked with inquiring into the public sector agencies’ counter-terrorism effort, including whether there was an inappropriate concentration of resources on other terrorism threats th...

7. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...findings of fact and the inferences were there to be drawn in the absence of probative evidence pointing the other way. There was no countervailing evidence. [50] Mr Hunt distinguishes Rockx on the basis that in that case with his considerable disability and with the hiring of persons to carry out his former duties and with no evidence that he took part in management, administration, planning, strategy structuring and so on, Judge Beattie found that there was no evidence from w...

8. [2021] NZACC 51 - Wylie v ACC (17 March 2021) [pdf, 206 KB]

   ...cited above includes the following expression of concern: Patients have some responsibility for following up their own test results, and for doctors to assume all of this responsibility is paternalistic and infantilising. The previous Health and Disability Commissioner, Dr Ron Patterson, became concerned about GPs failing to track and notify test results. He stated that “a doctor is responsible for having an efficient system for identifying and following up overdue test results...

9. McKenzie v Accident Compensation Corporation (Personal Injury) [2024] NZACC 008 [pdf, 295 KB]

   ...symptomatic that which previously was asymptomatic does not alter that basic principle. The accident did not cause the degenerative changes, it just caused the effect of those changes to become apparent and of course in many cases for them to become the disabling feature. [68] Panckhurst J concluded that there was a single test under the Act, namely:8 … whether the disease is the whole or the substantial cause of the injury. If so, cover is unavailable regardless that the accident...

10. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

    ...between 2001 and 2008, a job which involved loading freezers on a boat for 8 hours. When she was not working the client described her activities as gym, swimming and cycling for 7 hours per week. This level of activity is not consistent with the disability of traumatic meniscal tears. I note in 2016 the client sent a form to ACC linking her left knee symptoms to an accident on a boat in 2007. The client does not have an ACC claim for an injury in 2007. Further, the Surgeon state...