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1. 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...

2. 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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. O'Hagan v Police (Costs) [2020] NZHRRT 28 [pdf, 614 KB]

   ...2020 DECISION OF TRIBUNAL ON COSTS APPLICATION BY PLAINTIFF1 1 [This decision is to be cited as: O’Hagan v Police (Costs) [2020] NZHRRT 28. Note publication restrictions.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2020] NZHRRT 28 I TE TARAIPIUNARA MANA TANGATA 2 BACKGROUND [1] In these proceedings Mr O’Hagan alleged the Police did not respond to his IPP 6 request within the 20 working day timeframe allowed by...

9. [2023] NZEnvC 108 Environmental Defence Society Incorporated v Marlborough District Council [pdf, 390 KB]

   ...at any point. (j) Clearance of indigenous vegetation where it has been planted as part of a domestic or public garden; or has been planted for amenity purposes; or planted as a shelterbelt; (k) Clearance of indigenous vegetation that is a danger to human life; (l) Clearance of indigenous vegetation that is a material risk to structures or utilities; (m) Clearance of indigenous vegetation that cannot be reasonably be avoided in the course of destroying pests required by any Regional Pest Manag...

10. Te Ao Mārama — Enhancing Justice for All

    ...jurisdiction in the longer term – all contributing to a long-term enduring reduction in offending and reoffending and the costs of crime. Timely justice is fundamental to this kaupapa. Lengthy delays for those waiting for their cases to be heard carry a human toll for everyone involved. Te Ao Mārama recognises every court appearance must be meaningful to participants. Using best practice approaches should reduce unnecessary adjournments. There are many factors across the whole justice sector...

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