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1. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...56(1) and 57(1)(f) prevent pawnbrokers from accepting pledges from persons under that age. 3. These age restrictions are prima facie inconsistent with the freedom from discrimination on the grounds of age affirmed by s 19 BORA and s 21(1)(i) of the Human Rights Act 1993, which is defined as any age commencing with the age of 16 years. It is therefore necessary to consider whether such inconsistencies can be justified in terms of s 5 BORA. 4. Age limits necessarily involve a degree of g...

2. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...to be inconsistent with the rights and freedoms contained in the Bill of Rights Act. 10. In accordance with your instructions, we attach a copy of this opinion for referral to the Minister of Justice. Margaret Dugdale Manager Bill of Rights/Human Rights Team Val Sim Chief Legal Counsel Office of Legal Counsel cc Minister of Justice Disclaimer In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to ass...

3. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...to the Minister of Justice. We also attach a copy for referral to the Minister of Internal Affairs, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Internal Affairs 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...

4. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...that the possession of certain marine and aquatic life in excess of the daily limit was not taken in breach of the regulations or prove that breaches against restrictions imposed for sanctuaries took place in order to preserve, protect or maintain human life, than for the Crown to prove the opposite. c)The court retains the discretion to impose a lower penalty than the maximum prescribed in the Bill. 10.We also note that the maximum penalty of five years’ imprisonment is only available...

5. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [pdf, 394 KB]

   ...Discussion included archaeology and wahi tapu concepts. 6. Annexed and marked ‘D’ is ‘Fisheries Resource Inventory: The Mohaka River’.4 This document was prepared by Fish and Game New Zealand and covers hydrology, biology, water quality, human use and threats to the fishery. 1 Susan Forbes and Warren Gumbley, Ngati Pahauwera Rohe Archaeological Survey (1996) 2 Toro Waaka and Susan Forbes, Wairoa Heritage Workshop (1997) 3 Elizabeth Pisheif, Ngati Pahauwera: Places o f Signific...

6. BORA Domestic Violence Reform Bill [pdf, 196 KB]

   ...As such, these provisions may appear to raise an issue under the right of non-discrimination on the grounds of age in ss 19(1) of the Bill of Rights Act. Age is defined as "any age commencing with the age of 16 years" by s 21(1)(i) of the Human Rights Act 1993. 3. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16 and 17-year olds, such as the power of removal of young persons at risk of harming themselve...

7. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...Defence • Misuse of Drugs Act 1975 CONCLUSION 14. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager 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...

8. BORA Rongowhakaata Claims Settlement Bill [pdf, 279 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...

9. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...settlement of the claims. 7. 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. 8. 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...

10. BORA Sentencing (Protection of Children Criminal Offending) Amendment Bill [pdf, 288 KB]

    ...illness or injury (‘the new aggravating factor’). Consistency with the right to freedom from discrimination 4.Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993. The grounds of discrimination are set out in s 21 of that Act, and include age (commencing at 16 years of age). 5.A provision may limit the right to freedom from discrimination where: a.it draws a distinction on one o...