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1. BORA Charities Bill [pdf, 150 KB]

   ...the powers in this Bill. As the Court of Appeal observed in Tranz Rail Ltd v Wellington District Court [2]: Although expectations of privacy may not be as great in the commercial world as they are in the domestic sphere, corporations as well as human beings do have legitimate privacy expectations. While the extent of those expectations must be measured against the legislative and regulatory environment in which the corporation operates, it is not appropriate to deny corporations any pri...

2. BORA Telecommunications Amendment Bill [pdf, 370 KB]

   ...parties. CONCLUSION 18. We have concluded that the Bill is 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 Irwin Toy Ltd v Attorney-General (Quebec) [1989] 1 SCR 927, 968 2 Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 3 In applying section 5, the Ministry...

3. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...disadvantage to Justices below 68 years who retain the ability to put forward any "reasonable excuse" for opting out of District Court duties. Conclusion 10. While the Justices of the Peace Amendment Bill (PCO 5145/7) raises some prima face human rights issues, we consider that the provisions of the Bill are not inconsistent with the New Zealand Bill of Rights Act 1990. Val Sim Crown Counsel Malcolm Luey Associate Crown Counsel Footnote 1. 2002 (5) SA 246,...

4. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...above, we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager, Bill of Rights/Human Rights Public Law Group footnotes 1. See White Paper "A Bill of Rights for New Zealand" (1985), paragraph 10.175. See also Grant Huscroft "The Right to Justice" in Rishworth, Huscroft, Optican, Mahoney The...

5. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...interest to local Iwi in their district plans. CONSISTENCY WITH THE FREEDOM FROM DISCRIMINATION 6. Section 19(1) of the Bill of Rights Act affirms the right of everyone to the freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Those grounds include race. 7. The key questions in assessing whether a provision gives rise to discrimination under section 19 are: o Does the provision draw a distinction based on one of the prohibited grounds of d...

6. BORA Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill [pdf, 293 KB]

   ...clarity on how under 18 year olds can enrol in KiwiSaver. CONSISTENCY WITH SECTION 19 OF THE BILL OF RIGHTS ACT 4. Section 19(1) of the Bill of Rights Act protects the right to freedom from discrimination on the grounds set out in section 21 of the Human Rights Act 1993. These grounds include age (which means any age of 16 years old and over). 5. Taking into account the various domestic and overseas judicial pronouncements as to the meaning of discrimination, the key questions in asse...

7. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...of a republican Constitution as a legal basis for denying the legitimacy of the present form of government". 8. Similarly, in McGuinness v United Kingdom (application no. 39511/98, unreported judgment 18 February 1999) the European Court of Human Rights considered the requirement for a successful electoral candidate to swear an oath of allegiance to the sovereign before taking up his or her seat or availing him or herself of the facilities of the House. The Court held that the requi...

8. Horticulture-New-Zealand.pdf [pdf, 184 KB]

   ...pathway for commercial vegetable production in PC1 still requires improvement in water quality and will require practice change in order to meet long term goals. The evidence of HortNZ demonstrates the impacts, including benefits, of CVP on human health and water quality. Policy 4 Amend Policy 4 to ensure that the focus is on providing a reasonable and implementable framework for FEPs. Amend paragraph a to address Federated Farmers’ concerns, including that the NLLR shou...

9. BORA Local Government Freedom of Access Amendment Bill section 7 report [pdf, 155 KB]

   ...of a local authority. Inconsistency with s 22 (liberty of the person) 5. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The right not to be arbitrarily detained protects human dignity, autonomy and liberty. 1 6. Detention is arbitrary if it is “capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 2...

10. Proactive Release - Electoral Amendment Regulations 2020 [pdf, 679 KB]

    ...force on 27 July 2020. No waiver of the 28-day rule is sought. Compliance 7. The Amendment regulations comply with:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993  relevant international standards and obligations, and 1 75gtrikf9o 2020-07-02 13:51:13 RE LE AS ED B Y TH E M IN IS TE R OF JU ST IC E...