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1. BORA Heritage New Zealand Pouhere Taonga Bill [pdf, 418 KB]

   ...considered whether this is a breach of s 19(1) of the Bill of Rights Act. Right to freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds listed in the Human Rights Act 1993. The grounds of discrimination in the Human Rights Act include race and ethnic origins. 9. Drawing on the New Zealand case law on discrimination, we consider that the key questions in assessing whether there is a l...

2. BORA Sale and Supply of Liquor and Liquor Enforcement Bill [pdf, 312 KB]

   ...licensed premises. 5. As such, the Bill - in common with existing restrictions on access to and use of alcohol by young people - gives rise to differential treatment on the basis of age in terms of s 19(1) of the Bill of Rights Act and s 21(1)(i) of the Human Rights Act 1993, which defines age as any age commencing with the age of 16 years. 6. Age-based distinctions necessarily involve a degree of generalisation without regard for the particular abilities, maturity or other qualities of...

3. BORA Family Court Proceedings Reform Bill [pdf, 326 KB]

   ...In accordance with Crown Law Office policy, this advice has been peer reviewed by Jane Foster, Crown Counsel http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE25849450/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/family-court-proceedings-reform-bill-pco-16734-12.0#_ftn23 Charlotte Griffin Crown Counsel Footnotes 1. Care of Children Act 2004; Child Support Act 1991; Children, Young Persons, and Their Fami...

4. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...enforcement of judgment [5] Insofar as the application for enforcement is concerned, the application relies upon assertions contained in affidavits filed in support, which are substantially in conflict with the affirmation filed by Marie Park, the human resources manager for the defendant, following the judgment of this Court dated 15 February 2017. The plaintiff is now seeking to enforce several orders made in that judgment based on the allegation that the defendant has not compl...

5. BORA Privacy Bill [pdf, 157 KB]

   ...agencies of privacy breaches and authorising the Commissioner to issue compliance notices in response to privacy breaches. It also enables the Commissioner to make decisions on complaints about access to information rather than referring these to the Human Rights Review Tribunal. 3. In concluding that the Bill is consistent with the Bill of Rights Act we have considered, in particular, its consistency with s 14 (freedom of expression), s 21 (freedom from unreasonable search and seizure...

6. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 14 Reference No. HRRT 052/2017 UNDER THE PRIVACY ACT 1993 BETWEEN PAUL CRAWFORD JUDGE PLAINTIFF AND CARE PARK NEW ZEALAND LIMITED FIRST DEFENDANT AND WAIKATO INSTITUTE OF TECHNOLOGY SECOND DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr P Judge in person Mr J Horner for first defend...

7. [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...

8. 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...

9. 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...

10. 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...