Search Results

1. [2018] NZEnvC 137 Haydan Investments Ltd v Auckland Council [pdf, 5.4 MB]

   ...cultural heritage of New Zealand. It is an offence under this Act to destroy, damage or modify any archaeological site without an authority from Heritage New Zealand Pouhere Taonga. An archaeological site is defined as a place associated with pre-1900 human activity where there may be evidence relation to history of New Zealand. Archaeological features' may include old whaling stations, ship wrecks, shell middens, hangi or ovens, pit depressions, defensive ditches, artefacts, or...

2. BORA Patents Bill [pdf, 317 KB]

   ...Act, otherwise they may be open to challenge for being ultra vires. Section 19(1) – Freedom from Discrimination 22. Section 19(1) of the Bill of Rights Act affirms the freedom from discrimination on prohibited grounds set out section 21 of the Human Rights Act 1993 including race and ethnic origins. In our view, taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in assessing whether discrimination under...

3. BORA Government Communications Security Bureau and Related Legislation Amendment [pdf, 402 KB]

   ...the acceptance of a lower threshold for domestic intelligence gathering[6] and to the removal of a warrant requirement for external intelligence gathering except where directed at Canadian nationals;[7] and 10.3 Most broadly, the European Court of Human Rights has emphasised that safeguards need not be exclusively judicial, but may also include executive and parliamentary, oversight. [8] 11. The second particular consideration is that the emphasis in the Bill upon extraterritorial inf...

4. BORA KiwiSaver Bill [pdf, 414 KB]

   ...rights and freedoms contained in the Bill of Rights Act. SECTION 19(1): RIGHT TO BE FREE FROM DISCRIMINATION 10. Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. The prohibited grounds for discrimination include: • age (which means any age commencing at the age of 16 years old and over); • ethnic and national origin (which includes nationality or citizenship); and • emp...

5. Director of Proceedings v Evelyn Page Retirement Village Ltd [2019] NZHRRT 31 [pdf, 482 KB]

   (1) ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE CHAIRPERSON OR OF THE TRIBUNAL IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 31 UNDER BETWEEN AND AT WELLINGTON BEFORE: Mr RPG Haines ONZM QC, Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Reference No. HRRT 021/2019 SECTION 50 OF THE HEAL TH AND DISABILITY COMMISSIONER ACT 1994...

6. Sexual Violence Legislation Bill [pdf, 154 KB]

   ...limited.8 The relevant legislative provision, despite being an exclusionary provision of some breadth, could be duly read to permit a test of this kind, and was accordingly consistent with the fair trial right set out in the European Convention on Human Rights/UK Human Rights Act. 7. As such, it is clear that the right to a fair trial does not provide the defendant with an absolute right to put any evidence or question to a complainant. Section 44 of the Evidence Act currently restri...

7. [2021] NZEnvC 170 Minister of Conservation v Northland Regional Council [pdf, 399 KB]

   ...hard bottomed wadeable rivers in Table 20: Water quality standards for ecosystem health in rivers; and (e) Inclusion of actual metrics from Table 9 of the NPS-FM, as opposed to just referring to Table 9, in Table 20A: Water quality standards for human contact in rivers. 5 Finally, in relation to Policy H.3.3 Coastal water quality standards, the parties agree to the following changes: (a) The deletion of “annual median” as the compliance metric for turbidity in Table 22...

8. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

   ...DECISION: 21 April 2021 DATE OF DECISION ON COSTS: 11 August 2021 DECISION OF TRIBUNAL ON COSTS1 1 [This decision is to be cited as Beattie v Official Assignee (Costs) [2021] NZHRRT 40. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 40 I TE TARAIPIUNARA MANA TANGATA 2 Introduction [1] The Tribunal by decision in Beattie v Official Assignee [2021] NZHRRT 21 (21 April 2021) dismissed Mr Beattie’s complaint of interfere...

9. [2022] NZACC 25 - Howard v ACC (2 March 2022) [pdf, 193 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [26] Section 28 of the Act provides for work-relate...

10. Proactive-release-Changes-to-the-Proceeds-of-Crime-Fund-settings-Cabinet-Paper_FINAL.pdf [pdf, 775 KB]

    ...paper would make the safety of the New Zealand public and victims of violent crime central considerations in allocation decisions for the Fund. s6(a), s6(b)(i) SILATAV Line SILATAV Line I N C O N F I D E N C E 8 I N C O N F I D E N C E Human Rights 45 The proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Use of external Resources 46 No external resources were used for this paper, or are needed to implemen...