Search Results

1. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...Māori interests under Article Three of te Tiriti. 40. The opportunity for public feedback on the draft regulations, and subsequent further analysis, will help to ensure the Regulations do not create adverse or unforeseen impacts for tangata whenua. Human Rights 41. I consider the proposals in this paper are consistent with the New Zealand Bill of Rights Act 1990 (NZBORA). In line with standard practice, the Crown Law Office will be advising the Attorney-General on the SOP’s consiste...

2. OIA-Audio-visual techniques [pdf, 4.4 MB]

   ...this document. More detail about how often different user groups engage with Court AV services can be found in Appendix 1. RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Research programme A human-centred design approach has been taken to this phase of the AV review. This approach puts qualitative research with users of the service at its centre. It is a holistic approach which aims to understand the range of users of the servic...

3. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

   ...mutilation - Bigamy, feigned marriage - Abduction, kidnapping Abortion 182 Killing unborn child (1) Every one is liable to imprisonment for a term not exceeding 14 years who causes the death of any child that has not become a human being in such a manner that he would have been guilty of murder if the child had become a human being. (2) No one is guilty of any crime who before or during the birth of any child causes its death by means employed in good f...

4. 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...

5. 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...

6. 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,...

7. 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...

8. 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...

9. 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...

10. 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...