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1. Section 7 reports

   ...Gang Insignia) Bill Section 14 Non-Government Bill 2007 Auckland Regional Amenities Funding Bill Section 19 (disability) Non-Government Bill 2007 Misuse of Drugs (Classification of BZP) Amendment Bill 2007 Section 25(c) Government Bill  2006 Human Rights (One Law for All) Amendment Bill 2006 Sections 19 (colour, race, ethnic or national origin) and 20 Non-Government Bill  2006 Human Tissue (Organ Donation) Amendment Bill 2006 Section 19 (age and disability) Non-Government Bill...

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   2. Constitutional issues & human rights >
   3. The Bill of Rights Act >
   4. Compliance reports

2. ENVC Hearing 6Oct14 DM local John Alexander [pdf, 141 KB]

   ...the safety implications of the proposed marina at Matiatia. I have personally seen dangerous fuel spillages occur despite stringent safety protocols being in place and I have an intimate understaning of the implications of those spills for both human safety and the environment. Those concerns are exacerbated by the particular nature and location of Matiatia. 11. Unlike other marinas located throughout New Zealand, Matiatia is the main port and transport hub for an island comm...

3. CAC20005 v McGowan [2015] NZREADT 18 [pdf, 113 KB]

   ...[1] On 20 November 2014, we found the licensee guilty of misconduct, generally, for swearing at a fellow real estate agent and assaulting her in the course of a workplace argument. [2] In our paragraph [51] we held that: “[51] On the one hand, human relations blow-ups in the workplace occur from time to time but, on the other hand, real estate salespeople are engaged in an important profession and should always act in a professional manner. We consider that the defendant failed to...

4. E v B & C LCRO 30 / 2009 (19 May 2009) [pdf, 16 KB]

   ...my view, Complainant E has not adequately distinguished between the making of mistakes in the course of a trial, and whether or not the mistakes matter. It is quite often that there are slips of one sort or another in a trial which like all other human activity is prone to error. The task of the judge conducting the trial is to continue the trial when the error is minor and does not cause an injustice, and I am quite satisfied in this case that the District Court Judge when identifyi...

5. BORA Education Amendment Bill [pdf, 99 KB]

   ...opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Education, if you agree. Allison Bennett Principal Adviser Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team cc Minister of Justice Minister of Education 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 whethe...

6. BORA Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill [pdf, 290 KB]

   ...subsequent challenge is a legitimate incident of the negotiated settlement of claims for collective redress. 16. Any limit on minority rights under section 20 of the Bill of Rights Act would be justified on the same basis. 17. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement. The Committee found that the exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are compa...

7. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

   ...than a power of entry.[5] CONCLUSION 16. Overall, 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 Public Law Footnotes 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Literature Board of Review [2000] 2 N...

8. BORA Inquiries Bill [pdf, 305 KB]

   ...Conclusion In conclusion, our view is that the Bill is consistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Policy Manager Bill of Rights/Human Rights Team Footnotes: 1. Clause 10. 2. Clause 13(2)(a). 3. Clause 16. 4. Clause 9. 5. Clause 20(a). 6. Andrew and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2005) para 13.27. 7. Clause 29(2)....

9. BORA Gambling Amendment Bill (No 2) [pdf, 385 KB]

   ...CONCLUSION 16. For the reasons discussed above, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Liter...

10. Horticulture New Zealand.pdf [pdf, 183 KB]

    ...farming Support in part/ Oppose in part HortNZ supports a separate rule for Tangata Whenua Ancestral Land. HortNZ opposes deletion of Policy 3(d) and Rule 3.11.4.8 as this would result in an inability to provide food supply necessary for human health. HortNZ opposes relief sought for Rule 3.11.4.8 in regards to the recalibration of land for the reasons outlined above. practice to reduce diffuse discharges of nitrogen, phosphorus, sediment and microbial pathogens; and iv. d...