Search Results

1. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...prosecuting agencies was that the criminal procedure and disclosure options may have no or minimal positive impact on reducing court delays. Many submitters stated that defendants do not want to speak to lawyers or appear in court because it is natural human behaviour to avoid negative consequences. Sometimes it is in the defendant’s interest to stall, so that charges may be dropped if witness memories fade. Defence counsel may focus their efforts on cases about to go to trial rather th...

2. Canterbury Westland Standards Committee 2 v Mr U [2024] NZLCDT 4 (9 February 2024) [pdf, 173 KB]

   ...personal nature and that it did not reach the threshold for personal misconduct. [35] It is well established that Parliament has set a deliberately higher threshold for conduct in a personal capacity to be considered misconduct. This recognises human frailties and the range of conduct which might fall for consideration. It would be unduly 12 oppressive for a lawyer in his or her personal life to have to maintain the sort of standards that are, at all times, expected of...

3. Cummings v KAM Transport Limited [2025] NZHRRT 8 [pdf, 276 KB]

   1 DECISION OF TRIBUNAL1 1 This decision is to be cited as Cummings v KAM Transport Limited [2025] NZHRRT 8. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2025] NZHRRT 8 I TE TARAIPIUNARA MANA TANGATA REFERENCE NO. HRRT 039/2022 UNDER THE PRIVACY ACT 2020 BETWEEN DARREN CUMMINGS PLAINTIFF AND KAM TRANSPORT LIMITED DEFENDANT AT WELLINGTON BEFORE: JS Hancock, Deputy Chairperson MJM Keefe QSM JP, Member NR Swain, Member REPRESENTATION: D Cassidy and D...

4. Anti-Money Laundering and Countering the Financing of Terrorism AML/CFT Bill: Approval for Introduction [pdf, 66 KB]

   ...policies outlined above have no significant regulatory impacts. Compliance Treaty of Waitangi 39 The AML/CFT Bill complies with the principles of the Treaty of Waitangi. 9 Compliance with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 40 Overall the proposals contained in this paper appear to be consistent with the rights and freedoms affirmed in New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. 41 The AML/CFT Bill has been forw...

5. Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill [pdf, 422 KB]

   ...deferral of decision. 45. The proposed MSA order potentially engage the right not to be subjected to torture or cruel treatment, the right to freedom of association, the right not to be arbitrarily arrested or detained and the right to be treated with humanity and with respect for their inherent dignity; ss 9, 17, 22 or 23(5) of the Bill of Rights Act respectively. Section 25(i) concerns are also potentially engaged. However, as such orders will be at the discretion of the court and may o...

6. Proactive-release-Increasing-revenue-from-courts-and-tribunal-fees-_FINAL.pdf [pdf, 650 KB]

   ...Appellate Court will impact Māori. These courts have exclusive jurisdiction in respect of Māori freehold land, Māori customary land and general land owned by Māori. Fees can be waived or reduced under Māori Land Court Fees Regulation 2013. Human Rights 35 I consider that the proposal is consistent with the New Zealand Bill of Rights Act 1990 (BORA) and the Human Rights Act 1993. 36 Increases to fees may raise concerns about possible impacts on the rights to justice under...

7. Proactive-Release-Family-Court-Associate-FINAL.pdf [pdf, 3 MB]

   ...contribution orders. There are some Family Court matters that would not be appropriate for the FCA 28. There are some matt rs dealt with in the Family Court that would always remain with judges due to their social significance (impact on people), impact on human rights or com lexity. These types of matters include: 28.1. the gr nting of injunctions; 28.2 fi al decisions about guardianship and those that materially affect children; 28.3. hearings that involve the cross-examination of w...

8. [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...

9. 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...

10. 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...