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1. [2015] NZEnvC 218 Waiheke Marinas Limited (Correction) [pdf, 100 KB]

   ...as 2 Annexure A, a copy of page 4 on which we have changed the 2 requisite letters to read "western"!, SIGNED at AUCKLAND this !ffI" day of 2015 For the Court ~. L JNewhook Principal Environment Judge 1 It seems to be human nature to transpose "east" and "west"; it happens quite a lot. It is also regrettably a fact of life that endless proof-reading, even when undertaken by several people, can miss things, often the most simple and obvious...

2. Director of Proceedings v Aranui Home & Hospital [2012] NZHRRT 4 [pdf, 37 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2012] NZHRRT 4 Reference No. HRRT 025/2011 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND ARANUI HOME AND HOSPITAL LTD DEFENDANT AT AUCKLAND Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Dr S Hickey, Member Aaron Martin, Director of Proceedings Paul White for Aranui Home and Hospital Ltd DATE OF DECISION: 2...

3. BORA Members of Parliament (Pecuniary Interests) Bill [pdf, 93 KB]

   ...with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Leader of the House, if you agree. Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team CC Minister of Justice Leader of the House Val Sim Chief Legal Counsel In addition to the general disclaimer for all documents on this website, please note the following: This advice was p...

4. BORA Education (Establishment of Tertiary Education Institutions) Amendment Bill [pdf, 74 KB]

   ...copy for referral to the Minister of Education and Associate Minister of Education (Tertiary Education), if you agree. Roger Palairet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team cc Minister of Justice Minister of Education Associate Minister of Education (Tertiary Education) In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared...

5. BORA Protected Disclosures Amendment Bill [pdf, 368 KB]

   ...section 21 of the Bill of Rights Act. CONCLUSION 11. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1. New Zealand Stock Exchange v Commissioner of Inland Revenue [1992] 3 NZLR 1 (PC) In addition to the general disclaimer for all documents on this website, please note the following: This advi...

6. BORA Education (Tertiary Reforms) Amendment Bill [pdf, 353 KB]

   ...expression. 9. We have therefore concluded that the Bill is consistent with the rights and freedoms contained in the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Manager, Bill of Rights/Human Rights Public Law Group CC Minister of Justice Minister of Education Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 3 New sections 159P, 159R, 159YC, 15...

7. BORA Ngāti Koroki Kahukura Settlement Bill [pdf, 198 KB]

   ...of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 6. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant of Civil and Political Rights, which are comparab...

8. BORA Social Security (Fraud Measures and Debt Recovery) Amendment Bill [pdf, 191 KB]

   ...(for example, a sibling). We consider that the nature of the relationship between spouses and partners in the context of the Social Security Act 1964 does not allow for a comparison with other types of relationships as defined under 21(1)(l) of the Human Rights Act 1993 or otherwise. Without a comparator group, there is no discrimination. 6. The Bill also allows more effective debt recovery and discretion in managing recovery in individual cases. The Bill also provide...

9. BORA New Zealand Superannuation and Veteran's Pension (Entitlements of Spouses and Partners of People in Long-Term Residential Care and Remedial Matters) Bill [pdf, 282 KB]

   ...under the Bill and will continue to receive the single or single living alone rate of superannuation or veteran's pension. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Principal Legal Advisor Bill of Rights/Human Rights Team In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of...

10. 2022-03-21 Summary of Evidence of Dean Whaanga on behalf of the ORC dated 21 March 2022 [pdf, 110 KB]

    ...Otago Regional Council and Queenstown Lakes District Council are really important to us 5 A lot of what we do with both councils is focussed on improving the conditions of waterbodies in Mata-au and Catlins that have been degraded over time by human actions 6 Our whānau are committed to working together with councils and communities to give effect to Te Mana o Te Wai 7 That fundamental concept in the NPS-FM lines up with the way we look at freshwater management, protecting an...