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1. BORA Social Worker’s Registration (Mandatory Registration) Amendment Bill [pdf, 314 KB]

   ...freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] The freedom of expression also includes the right to say nothing or the right not to say certain things. [3] 6. Clause 6 of...

2. PD v JL LCRO 26/2015 (22 June 2016) [pdf, 38 KB]

   ...and evidence to the contrary. There is insufficient evidence to confidently say Mr JL’s drafting of Mr PD senior’s will was negligent or incompetent. [23] The errors, such as they were, were minor and made on only one occasion. Lawyers are human. They can make mistakes. The errors were not to such a degree as to reflect on Mr JL’s fitness to practice as a barrister or solicitor. While the preference is that lawyers do not err, there would have to be more serious or repeated...

3. Avifauna (dated 8 May 2017) [pdf, 215 KB]

   ...Oystercatcher b. Banded Dotterel c. Bar-tailed Godwit d. Black-billed Gull e. Red-billed Gull f. Sooty Shearwater g. New Zealand Falcon AREAS THAT HAVE NOT BEEN RESOLVED 14. The relevance of other sources that contribute to bird mortality and human constructions such as windows and roads is questioned by DJO 15. The need for the modelling to be based on site specific data Page 3 of5 16. Whether the more common species of birds should be taken into consideration CONSE...

4. Notes of Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...One speaker expressed a desire for restorative economic development in Northland. • Constitutional transformation – Highlight constitutional transformation must put Te Tiriti at the centre. Within the constitution put our environment first, human rights second and democratic institutions third. Constitutional change must be based on He Whakaputanga. The Minister should work with his colleagues to reach the Pākehā community to foster bi- culturalism. Te Tiriti should be enforceab...

5. BORA Education (Protecting Teacher Title) Amendment Bill [pdf, 284 KB]

   ...9. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination”2 and includes any activity which conveys or attempts to convey a meaning.3 10. The Bill is intended to provide clarity around the use of the title “teacher”, to avoid any misunderstanding by the public ab...

6. Notes from Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...One speaker expressed a desire for restorative economic development in Northland. • Constitutional transformation – Highlight constitutional transformation must put Te Tiriti at the centre. Within the constitution put our environment first, human rights second and democratic institutions third. Constitutional change must be based on He Whakaputanga. The Minister should work with his colleagues to reach the Pākehā community to foster bi- culturalism. Te Tiriti should be enforceab...

7. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 KB]

   ...Conclusion 22. We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Manager, Bill of Rights/Human Rights Public Law Group 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 made to Par...

8. BORA Biofuel Bill [pdf, 292 KB]

   ...analysis set out above we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in 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 Group Footnotes 1 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oakes [1986] 1 SCR 103 2 R v Wholesale Travel Group (1992) 84 DLR (4th) at 213 In addition to the general disclaimer for all...

9. Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19 [pdf, 116 KB]

   ...jurisdiction for the Tribunal to accept his intended proceedings, the Secretary by email dated 15 March 2021 asked Mr Jones to provide a copy of: 1 [This decision is to be cited as: Re Jones (Rejection of Statement of Claim) [2021] NZHRRT 19.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2021] NZHRRT 19 I TE TARAIPIUNARA MANA TANGATA 2 [3.1] Any notice of decision given by the Privacy Commissioner under s 77(2)(a) and (3) of the Act, [3.2] Any certificate of investigation. [3.3]...

10. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

    ...disproportionately severe? Is the notification requirement treatment or punishment? 15. The White Paper commentary indicates that the treatment element of s 9 is aimed at “any form of treatment” that is “incompatible with the dignity and worth of the human person”.5 Butler and Butler consider that the term is “sufficiently wide to refer to any measure applied to a particular person or persons, or the manner in which a particular person or persons is dealt with”.6 I am...