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1. 2017 NZSSAA 021 (9 May 2017) [pdf, 83 KB]

   ...that they express a level of frustration that Mr XXXX has about the service that he has received from the Ministry of Social Development. 2 [3] Mr XXXX’s dissatisfaction about service has been the subject of applications to the Human Rights Review Tribunal and the High Court. In 2015 MSD compensated him with a payment of $2000 in recognition of service failures and wrote off a debt of $2311.74 which was for relocation costs, rent/letting fee and bond.1 [4] On 13...

2. BORA Resource Management and Electricity Legislation Amendment Bill [pdf, 32 KB]

   ...is also attached for referral to the Minister for the Environment and Hon Dr Michael Cullen, Leader of the House, if you agree. Roger Palariet Boris van Beusekom Acting Chief Legal Counsel Senior Adviser Office of Legal Counsel Bill of Rights/Human Rights Team cc Minister of Justice Minister for the Environment Leader of the House In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-Gen...

3. BORA Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Bill [pdf, 207 KB]

   ...copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Labour, if you agree. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights Team CC Minister of Justice Minister of Labour 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...

4. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

   ...claims. 5. To the extent that the exclusion of subsequent challenge could be said to limit the claimant’s right under s 20 of the Bill of Rights Act. [3] It would similarly also be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement, which was an incident of a negotiated settlement. The Committee found the exclusion was consistent with a right of access to the courts as affirmed by Art 14...

5. BORA Ngati Mutunga Claims Settlement Bill [pdf, 356 KB]

   ...agreement. The same justification would apply to those persons (if any) within the iwi who dispute the mandate or the settlement process. 7. This analysis is consistent with advice concerning the effect of other settlements[2] and the ruling of the Human Rights Committee of the United Nations on the Fisheries Settlement and Article 14 of the ICCPR.[3] Section 27(3) Issue 8. Clause 23(3) of the Bill raises the issue of compliance with s 27(3) of the Bill of Rights, namely the right...

6. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 6. Any limit on minority rights under section 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 the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights which are comparable to...

7. BORA Minimum Wage (Contractor Remuneration) Amendment Bill [pdf, 287 KB]

   ...& 13) Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 5. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] 6. The freedom of expression also includes the right to say nothing or the right not to say certain things. [3] Clause 11 inserts...

8. BORA Ngāti Pāhauwera Treaty Claims Settlement Bill [pdf, 282 KB]

   ...claims. 5. Similarly, in so far as the exclusion of subsequent challenge could be said to limit the claimant’s rights under s 20 of the Bill of Rights Act, [3] it would likewise be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International...

9. BORA Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Bill [pdf, 289 KB]

   ...for holders of debt. Consistency with s 19(1) (Freedom from Discrimination) 4.Section 19(1) of the Bill of Rights Act affirms that everyone has the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993, including national origin and family status. 5.New rules for withdrawals from foreign superannuation schemes affect, in particular, New Zealand residents who are new migrants, returning New Zealanders who have spent a nu...

10. BORA Food Safety Law Reform Bill [pdf, 142 KB]

    ...Wine Act 2003 to address recommendations of the Independent Government Inquiry into the Whey Protein Concentrate Contamination Incident (‘the Inquiry’). 5. The Bill’s main objective is to make improvements to the food safety system so that human health is protected and New Zealand’s domestic and international reputation is maintained and strengthened. Although the Inquiry focused on the diary industry, the Bill seeks to harmonise implementation of the Inquiry’s recommendations...