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1. BORA Financial Advisers Bill - addendum [pdf, 276 KB]

   ...we have concluded that the limit that clause 48 places on the freedom of association appears to be justified under section 5 of the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager Human Rights/Bill of 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...

2. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

   ...provision for non-parties to that agreement. 6.2 In that context, exclusion of jurisdiction in respect of the claims, settlement deed and the Bill is an integral part of the settlement process. 7. I note, in this respect, the view of the United Nations Human Rights Committee that a similar exclusion under the Fisheries Settlement, in the context of a negotiated settlement, was consistent with the right of access to the courts under art 14(1) of the International Covenant on Civil and Po...

3. BORA Privacy (Cross-Border Information) Amendment Bill [pdf, 191 KB]

   ...making the order. The prohibition order is therefore available only in very limited circumstances, and is restricted by quite tight guidelines. Further, there is provision to apply for a variation or discharge of the order, and a right of appeal to the Human Rights Review Tribunal against the making of the order. 9.2 Under s 6 of the Bill of Rights Act, the discretionary power must, moreover, be read consistently with that Act, including s 14.[2] 10. It follows that the prima facie rest...

4. BORA Social Assistance (Debt Prevention and Minimisation) Amendment Bill [pdf, 366 KB]

   ...10. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group 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 Parliamen...

5. BORA Maraeroa A and B Blocks Claims Settlement Bill [pdf, 277 KB]

   ...settlement of the claims. 6. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 7. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also 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 Covenant on Civi...

6. BORA Overseas Investment (Restriction on Foreign Ownership of Land) Amendment Bill [pdf, 274 KB]

   ...land within New Zealand. CONSISTENCY WITH THE BILL OF RIGHTS ACT Freedom from discrimination 5. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. The prohibited grounds of discrimination include ethnic or national origin, which includes nationality or citizenship. 6. The Bill prevents “overseas persons” from investing in sensitive land. The Bill defines �...

7. BORA Royal Succession Bill [pdf, 285 KB]

   ...example, Bernadotte v Sweden ECtHR App no 69688/01, 3 June 2004. 6 The prohibited grounds of discrimination under s 19 of the Bill of Rights Act include sex, religious belief, and family status (which includes being married to a particular person): Human Rights Act 1993, s 21(a), (c) and (l). The Bill of Rights Act also protects the right to freedom of religion in s 13. Discrimination arises if there is difference in treatment on the basis of one of the prohibited grounds of discrimin...

8. 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...

9. NZ Parole Board position description [pdf, 99 KB]

   ...justice system • experience in an executive decision-making role and/or in working within a statutory framework • the ability to cope with stressful situations and potentially disturbing information • a mature outlook and the ability to assess human nature accurately • sensitivity to, and understanding of, the impact of crime on victims • knowledge of the New Zealand Bill of Rights and international treaty obligations. Analytical skills Members must be able to: •...

10. BORA - Oranga Tamariki Legislation Bill 2019 [pdf, 82 KB]

    ...but not infringed by this Bill 4. Any legislation prescribing age-limits invites consideration of s 19 of the Bill of Rights Act, which guarantees the right to be free from discrimination on any of the prohibited grounds of discrimination in the Human Rights Act 1993, one of which is age. 5. The test for discrimination in the present context is whether the Bill causes differential treatment on the basis of age between persons in comparable situations, causing a material disadvantage...