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1. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Transport, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Bridget Dingle Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Transport Copy for your information In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-Gener...

2. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...the limitation can be justified under s 5 of that Act. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 15. Section 19(1) of the Bill of Rights Act affirms the right of everyone to be free from discrimination on the grounds set out in the Human Rights Act 1993, including family status. Family status includes being married to, in a civil union or de facto relationship with, or being a relative of, a particular person. A legislative provision may give rise to prima facie discri...

3. BORA Coroners Amendment Bill [pdf, 297 KB]

   ...organisations have the opportunity to give evidence or consider any recommendations that may be directed to them before the coroner finalises his or her decisions. The Bill also clarifies the role of pathologists and processes for retaining or returning human tissue samples, and contains new provisions relating to the rights of people whose conduct may be called into question in an inquiry by requiring the coroner to notify them of their right to be represented, and to cross-examine witn...

4. E44 Richard Simonds - Groundwater - EIC - Council [pdf, 753 KB]

   ...CB149, page 3897, paragraph 5.1. 1694 6 were no matters of disagreement between me and Mr Ware. As paragraph 2.6 of the JWS records15: The experts agreed that the effects on groundwater level, ground settlement, air quality and odour, human health with relation to contaminated land, and the environment in relation to contaminated soil and groundwater, can be appropriately mitigated via the controls put forward within the Construction Environmental Management Plan Rev B...

5. BORA Reserve Bank of New Zealand Amendment Bill [pdf, 318 KB]

   ...particular emphasis to the purpose of the legislation, and the need to create a workable scheme for the regulation of deposit takers. Melanie Webb Manager – Ministerial Advice Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human Rights 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 [1992] 3 NZLR 260; Moonen v Film and Literature Board of Rev...

6. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...guilty. CONCLUSION We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team 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 P...

7. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...5. See Sugrue, above, [24]. 6. See, similarly, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff. 7. See, for example, Belcher, above, [41], and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 8. Section 67(8) of the Summary Proceedings Act 1956. 9. The application of s 5 entails an assessment of whether the restriction is rationally connected to an important objective and...

8. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...rating arrangements for the Auckland Council until at least July 2012. Section 19: Right to be free from discrimination Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in s 21 of the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years, disability, race, and ethnic or national origin. In our view, taking into account the various domestic and overseas judicial prono...

9. BORA Public Transport Management Bill [pdf, 256 KB]

   ...of Rights Act. CONCLUSION 25 We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Melanie Webb Stuart Beresford Manager, Ministerial Advice Acting Manager, Bill of Rights/Human Rights Office of Legal Counsel 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...

10. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

    ...within the ambit of s 27(3) of the Bill of Rights Act, which protects procedural rights [4]. 14. To the extent that the rights affirmed by ss 20 and/or 27(2) are limited by the Bill, those limits are justified in terms of s 5. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement as an incident of a negotiated settlement. The Committee found the exclusion was consistent with the analogous rights under arts 14(1) and 27 of the Internati...