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1. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...close attention to the consistency of the Bill with the right to be secure against unreasonable search and seizure as affirmed in s 21 of that Act. In light of the significant issues raised by the Bill in respect of that right, we have consulted the Human Rights team of the Crown Law Office. The Crown Law Office agrees with this advice. PURPOSE OF THE BILL 3. The Bill responds to the decision of the Supreme Court in Hamed & Ors v R, in which a majority of the Court held, inter ali...

2. CV v TND [2013] NZIACDT 20 (28 March 2013) [pdf, 92 KB]

   ...complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. It is important to recognise that not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [3...

3. BORA Fire and Emergency New Zealand Bill [pdf, 346 KB]

   ...of the Bill of Rights Act. Section 19 – Right to freedom from discrimination 18. Section 19(1) of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the grounds of discrimination set out in s 21 of the Human Rights Act 1993. These grounds include, inter alia, ‘disability’. 19. We note that cl 30 empowers the FENZ Board to require operational personnel to leave FENZ if that person is incapable of performing competently his or her duties a...

4. E v S [2017] NZIACDT 2 (13 March 2017) [pdf, 105 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to-day professional practice and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rel...

5. BORA Limited Partnerships Bill [pdf, 316 KB]

   ...27. Overall, we have formed the view that the Limited Partnerships 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 Team 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 NZLR 9...

6. Peters - Oriwa 1B1 (2010) 8 Taitokerau MB 210 (8 TTK 210) [pdf, 66 KB]

   ...kaumātua and kuia associated with the land there was never any mention of a wholesale wāhi tapu which prohibited building on the land. I also accept that the existence of middens does not automatically make the place a wāhi tapu. Middens signify human occupation and, in particular, the preparation of kai, which in itself is at odds with an area being a wāhi tapu. While I accept that middens may signify historical occupation of the land, there is no cogent evidence that this par...

7. ENV-2017-AKL-000096 Straits Protection Society Incorporated v Auckland Council [pdf, 166 KB]

   ...to the environment - particularly to the protection, maintenance and enhancement of the environment as embodied in the principles of ecological sustainable development; and generally to the implementation of the Resource Management Act 1991; the Human Rights Act 1993; the Local Government Act 2002; the Acts arising from the reorganization of Local Government in New Zealand; the Proposed Auckland Unitary Plan; the Auckland Unitary Plan; and related Council controlled organizations, th...

8. Proactive release - Orders in Council: Electoral (Expenditure Limit) Order 2020 [pdf, 641 KB]

   ...19 September 2020. No waiver of the 28-day rule is sought. Compliance 10. The Order complies with the following:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993, and  the Legislation Guidelines. Regulations Review Committee 11. There are no grounds on which the Regulations Review Committee should draw the Order...

9. Proactive release - Order in Council: Electoral (Expenditure Limit) Order 2019 [pdf, 691 KB]

   ...on 1 July 2019. No waiver of the 28-day rule is sought. Compliance 10. The Order complies with the following:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993, and  the Legislation Guidelines. Regulations Review Committee 11. There are no grounds on which the Regulations Review Committee should draw the Order to...

10. FFNZ - EiC - R J McDiarmid (5 Feb 2021) [pdf, 231 KB]

    ...National Policy Statement for Indigenous Biodiversity, and new Climate Change policy, will have on the future of their farming businesses. 21. There is a lot of information available now days around the brain’s capacity for stress, and how we, (as humans) fall into our instinctual fight or flight mode, when faced with increased amounts of change and uncertainty. 22. This is where many of the rural community currently sit as they see this as a fight for survival. Operating unde...