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1. BORA Commerce Amendment Bill [pdf, 201 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 5. 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. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 Competition studies 6. The Bill inserts new Part 3A into...

2. Notes from Crown Maori Relations hui in Thames on 28 April 2018 [pdf, 434 KB]

   ...approach that involves a wider social sector change. • Constitutional reform – Constitutional reform needs to be progressed – firming putting in place Te Tiriti at the centre of the NZ constitution. This would also reinforce that Te Tiriti forms the basis of the Crown/Māori relationship. Thames Crown/Māori Relations Hui (28 April 2018) Page 4 of 4 • Changing the public service system and capability improvement – There is a need for a sea change in how the public...

3. 2017 NZSSAA 068 (29 November 2017) [pdf, 94 KB]

   ...income tested. When the income test was applied, the appellant’s income from work and rental properties meant that the income reduction from including his partner was greater than the benefit of including her. [4] The appellant therefore requested cancellation of his partner’s payments and his NZS rate was reviewed and adjusted to the half-married rate. His partner’s overseas pension was directly deducted from this entitlement with the result that the appellant now recei...

4. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...infringement allegations by copyright owners. CONSISTENCY WITH SECTION 14 OF THE BILL OF RIGHTS ACT 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 and in any form. The concept of expression is to be afforded the least restrictive interpretation possible.[1] 5. The act of copying may fall within the ambit of expression.[2] A person who reprodu...

5. National Standards Committee 1 v Peters [2020] NZLCDT 34 (27 October 2020) [pdf, 86 KB]

   ...practitioner hyper-alert to the dangers of any comments to the media. 2. The lack of any instruction from the client to the practitioner to authorise him to speak to the media on the client’s behalf or in any other capacity. The Tribunal sees this all forming part of the elements of the offence rather than aggravating it. 3. The practitioner’s engagement with Radio New Zealand having declined something like 30 previous approaches from news media. It was unfortunate that the...

6. [2020] NZEmpC 180 Emmerson v Northland District Health Board [pdf, 209 KB]

   ...JUDGMENT OF JUDGE B A CORKILL (Permanent non-publication orders) Introduction [1] Following the substantive hearing of the challenge to which this proceeding relates, I recorded in my judgment that the Northland District Health Board (NDHB) had requested that the Court’s interim non-publication orders be made permanent; these related to two witnesses who gave evidence for the defendant, Dr M and Dr N.1 1 Emmerson v Northland...

7. Horticulture New Zealand.pdf [pdf, 183 KB]

   ...Three Opposition to the expansion of CVP as a discretionary activity in some identified sub-catchments. Claims error in interpreting Te Ture Whaimana o Te Awa o Waikato. Claims error of law in that the evidence presented for Horticulture NZ requested approximately 715ha to allow for growth and land lost to urban development. The Panel’s Decision ‘constrained’ expansion to 13 sub- catchments in the lower Waikato and Waipā. However, that area equates to nearly 3,698ha. O...

8. Murray - Ohawini B1 (2020) 217 Taitokerau MB 99 (217 TTK 99) [pdf, 217 KB]

   ...order was granted on 2 December 1997 in favour of Erica Wellington. Ko te hātepe ture o te tono nei - Procedure Background [4] The application was originally fixtured for a hearing on 19 March 2019, however the application was adjourned at the request of the applicant. The matter was set down for 28 May 2019, and while the applicant had signed the attendance register, she was not present for the hearing and the application was again adjourned. [5] The application was set down fo...

9. King Country Energy Limited.pdf [pdf, 227 KB]

   ...of this notice on all other parties within 5 working days after that period ends. However, you may apply to the Environment Court under section 281 of the Resource Management Act 1991 for a waiver of the above timing or service requirements (see form 38). Advice If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch.

10. Timeline of the Peter Ellis Case [pdf, 119 KB]

    ...Commission of Inquiry into the safety of a conviction in NZ legal history. Australian precedents based on discovery of fresh evidence after appeal rights exhausted – unlike Ellis case. If Commission for Peter Ellis, will be difficult to reject other requests on principled basis. CONSTRAINTS OF COMMISSIONS OF INQUIRY ACT 1908 Act inflexible and has limitations. 1908 Act provides for oral hearings and affected persons have rights to appear and be heard - not possible t...