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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. How to find a court or tribunal decision

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7. 2.0 Our court system

   ...Weathertight Homes Tribunal (for less than $200,000) Appeals to High Court Accident Compensation Appeal Authority Accident Compensation District Court Registry Alcohol Licensing & Regulating Authority Copyright Authority Customs Appeal Authority Human Rights Review Tribunal Immigration & Protection Tribunal Land Valuation Tribunal Lawyers & Conveyancers Disciplinary Tribunal Legal Aid Tribunal (only on points of law) Private Security Personal Licensing Authority Real Estate Agents...

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   5. Media guide for reporting the courts and tribunals: Edition 4.1

8. 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...

9. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

   1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 25 Reference No. HRRT 029/2015 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND PASIFIKA INTEGRATED HEALTHCARE LIMITED D...

10. 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...