Search Results

1. OIA-120238.pdf [pdf, 4.2 MB]

   ...including the right to consult and instruct a lawyer without delay. This provision is intended to prevent the state’s power to detain being used in a coercive manner. NZBORA requires that every person ‘deprived of liberty’ shall be treated with humanity and with respect for the inherent dignity of the person (section 23(5)). (b) Search and seizure 53. Every person has the right to be secure against unreasonable search and seizure (section 21 NZBORA). The right protects values inclu...

2. Family Court rewrite submission: Backbone Collective [pdf, 295 KB]

   ...victims of violence and abuse are suffering extraordinary levels of discrimination and abuse via the Family Court process. 3. New Zealand’s commitments under international law obligates our government and judiciary to protect and promote the human rights of citizens who are subject to New Zealand’s family law and party to proceedings in the New Zealand Family Court – whether as applicants or respondents. 4. We believe that the issues we outline in this submission constitute s...

3. [2017] NZEmpC 85 Ramkissoon v Commissioner of New Zealand Police [pdf, 668 KB]

   ...calculated to portray a distorted version of the truth. [26] There is another witness on whose credibility I should comment briefly. This was Wayne Annan, at relevant times the Police’s most senior HR person holding the office of General Manager, Human Resources (GM:HR). Mr Annan has since left the Police. Counsel for the defendant asserted in submissions that Mr Annan had been confused in cross-examination. I infer from this criticism of Mr Annan’s evidence that the defen...

4. TSA-Amendment-Act-Combined_FINAL_Redacted.pdf [pdf, 3 MB]

   ...meeting the Quality Assurance criteria. Compliance 20 This Bill complies with each of the following: 20.1 the principles of the Treaty of Waitangi; 20.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993. However, the Bill limits some rights and freedoms contained in the NZBORA, as addressed below; 20.3 the disclosure statement requirements. A disclosure statement has been prepared and is attached to this paper; 2...

5. [2020] NZEnvC 138 Eyre Community Environmental Safety Society Inc v Christchurch Regional Council [pdf, 9.3 MB]

   ...consent; (b) the imminent commencement of works, no more than seven days and no less than 48 hours prior to the commencement of the works authorised by this consent; 6 Accidental discovery 27 In the event of any disturbance to Kaiwi Tangata (human bones) or taonga (treasured artefacts), the Consent Holder shall immediately follow the Accidental Discovery Protocol set out in Appendix 3 of the Mahaanui lwi Management Plan, and attached to, this consent as Attachment CRC122897A. Re...

6. Further considerations for supervision of offenders deported to New Zealand [pdf, 189 KB]

   ...aware of compelling evidence that fewer DNA collections from deported offenders will have a detrimental impact on public safety. 7. We also consider that it is preferable to draw a single ‘bright line’ test, particularly given the significant human rights implications. 8. The Attorney-General found the Criminal Investigations (Bodily Samples) Amendment Act 2009, which expanded Police powers to take DNA without consent, was inconsistent with the New Zealand Bill of Rights Act 1990....

7. BORA Summary Offences (Graffiti) Amendment Bill [pdf, 394 KB]

   ...an offence to sell a paint spraycan to any person under 18 years of age. The age restriction is a prima facie limit on the right against discrimination on the grounds of age under section 19(1) of the Bill of Rights Act and section 21(1)(i) of the Human Rights Act 1993("HRA"). 4. It is therefore necessary to consider whether the age restriction is justifiable under section 5 of the Bill of Rights Act. In applying section 5, it is necessary to consider whether the prima facie ag...

8. Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34 [pdf, 167 KB]

   ...have applied to have these proceedings struck out on the grounds: 1 [This decision is to be cited as Dooley v Canterbury District Health Board (Strike-Out Application) [2018] NZHRRT 34.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 34 2 [1.1] Mr Dooley has failed to comply with timetable orders which required him to file and serve particulars by 29 April 2016. [1.2] Despite reminders from the Tribunal, Mr Dooley has continued...

9. Evidence Brief: Scared Straight Programmes [pdf, 284 KB]

   ...Bushway, S. (1997). Preventing Crime: What Works, What Doesn’t, What’s Promising. A Report to the United States Congress. College Park, MD: University of Maryland, Department of Criminology and Criminal Justice. US Department of Health and Human Services (2001). Youth Violence: A Report of the Surgeon General. Rockville, MD: Department of Health and Human Services. Klenowski, P., Bell, K. & Dodson, K. (2010). An empirical evaluation of juvenile awareness programs in the Unit...

10. BORA Contract and Commercial Law Bill [pdf, 146 KB]

    ...“association”, or at least one deserving of protection, under the Bill of Rights Act. Whether s 19 at issue 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of discrimination are contained in s 21 of the Human Rights Act and include discrimination based on age (commencing with the age of 16 years old). 9. The key questions in assessing whether there is a limit on...