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1. [2013] NZEmpC 51Service and Food Workers Union Nga Ringa Tota Inc v Terranova Homes and Care Ltd [pdf, 60 KB]

   ...February, 8, 19, 22, and 26 March 2013 And telephone directions conference on 8 April 2013 Appearances: Peter Cranney, counsel for plaintiffs Rob Towner and Elizabeth Coates, counsel for defendant Matthew Palmer and Sylvia Bell, counsel for Human Rights Commission as intervener Bruce Corkill QC, counsel for New Zealand Council of Trade Unions and Pay Equity Challenge Coalition as interveners Rachel Brown, advocate for Coalition for Equal Pay Equal Value as intervener We...

2. Youth Court - Summary of it’s all relative: the absolute importance of the family in youth Justice (a New Zealand perspective) [pdf, 185 KB]

   ...approaches. • family members who can contribute can always be found...somewhere • FGCs is not expensive. They require good facilitators and need to have good information at hand. But primarily a FGC requires the presence of (relatively) willing human beings. As we know, being sorry for offences committed, harm done and pain caused is a challenge so I sould like to end with Hemi’s song which reflects Hemi’s thoughts after being part of FGCs: I’m sorry for all the pain th...

3. BORA Families Commission Bill [pdf, 136 KB]

   ...instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Social Services and Employment, if you agree. Diana Pickard Legal Adviser Bill of Rights/Human Rights Team Cc Minister of Justice Minister of Social Services and Employment Allison Bennett Principal Adviser Office of Legal Counsel In addition to the general disclaimer for...

4. BORA Protected Objects Amendment Bill 2004 [pdf, 104 KB]

   ...for referral to the Minister of Justice. Copies are also attached for referral to the Minister of Culture and Heritage, if you agree. Bridget Dingle Allison Bennett Senior Legal Adviser Principal Legal Adviser Bill of Rights/Human Rights Team Office of Legal Counsel cc. Minister of Justice Minister for Culture and Heritage Copy for your information

5. BORA Weathertight Homes Resolution Services Amendment Bill [pdf, 372 KB]

   ...set out above, we have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 NZ Stock Exchange v CIR [1991] 3 WLR 221; [1991] 4 All ER 443 (PC); see also McKinlay Transport Ltd v R (1990) 68 DLR (4th) 568 (SCC); Thomson Newspapers v Canada [1990] 1 SCR 425. 2 United Kingdom...

6. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...the claims. 5. To the extent that exclusion of subsequent challenge could be said to limit the claimants’ 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(...

7. [2016] NZSSAA 73 (18 July 2016) [pdf, 115 KB]

   ...will not have the appellant’s disabilities but incur the cost of attending the group. (c) Whether there are less costly goods or services which might meet the need. 5 It seems likely that the appellant could satisfy his need for human contact by meeting with people closer to his home. [15] Taking all these matters into account we are not satisfied that travel to a men’s church group in Masterton can be regarded as an additional cost which amounts to a disabil...

8. BORA Settlement Systems and Futures Bill [pdf, 296 KB]

   ...guilty. CONCLUSION 17 We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team Footnotes 1 New Zealand Stock Exhchange v. Commissioner of Inland Revenue [1992] 3 NZLR 1 (PC). In addition to the general disclaimer for all documents on this website, please note the following: Thi...

9. BORA Education Amendment Bill no three [pdf, 144 KB]

   ...concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford 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 ma...

10. BORA Domestic Violence Enhancing Safety Bill [pdf, 281 KB]

    ...relationship. This provision 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. 14. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16-year olds, such as the power of removal of young persons at risk of harming themselves or...