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1. Proactive Release – Expiring Anti-Money Laundering and Countering Financing of Terrorism Act 2009 regulations: substantive and technical changes and new regulatory proposals [pdf, 954 KB]

   ...Team has determined that a Regulatory Impact Assessment is required for these proposals as they are expected to have only minor impacts on businesses, individuals or not-for-profit entities and repeal or remove redundant legislative provisions. Human Rights 60. The proposals in this paper appear to be consistent with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. Treaty of Waitangi Implications 61. While the AML/CFT...

2. LCRO 193/2017 AA v BB and CC (29 November 2019) [pdf, 153 KB]

   ...employer, should be dealt with by the Police and other law enforcement agencies. [117] Agencies said by Mr AA to be actively dealing with his complaints included the New Zealand Police, the Serious Fraud Office, the office of the Ombudsman, The Human Rights Commission, the Financial Markets Authority, the Malaysian Securities Commission and the Australian Securities Commission. [118] The Court concluded that evidence given by Mr AA as to the apparent existence of various investiga...

3. 1 Cab paper Repeal of three strikes law Redacted [pdf, 1.5 MB]

   ...proposals in this paper have no direct or specific implications from a disability perspective. People with neurodisabilities are over-represented in the prisoner population, and the changes proposed are likely to improve outcomes for these people. Human rights implications 68 These changes will promote and safeguard the rights of those coming into contact with the criminal justice system, as affirmed by the Bill of Rights Act and the Human Rights Act 1993. The draft Bill will be vette...

4. Proposals against incitement of hatred and discrimination - summary document - Bengali [pdf, 354 KB]

   ...তন্ত সাবতমেন ক া সুরযাগ তখালা থাকরব। আেতন তসটিরজন তস্পস (Citizen Space) ওরয়বসাইি https://consultations.justice.govt.nz এ মাধযরম, humanrights@justice.govt.nz এ ইরমইল ো া, বা ডাকরযারগ Human Rights, Ministry of Justice, SX10088, Wellington তক সাবতমেন োঠারর্ োর ন। তগােনী�...

5. Peake v Accident Compensation Corporation [2024] NZACC 134 (6 August 2024) [pdf, 326 KB]

   ...decision based on the amalgamation of the known methods as above and formulating a reasonable clinical conclusion. One should be cautious if relying on a single method of measurement as there may be intra-observer variability. There are also inherent human errors built into measurement methods that cannot be eliminated. I would also comment that there have been many research conducted in the past that shows conflicting evidence of which method best analyses the leg length discrepanc...

6. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...Ms Turner was properly represented at the meeting of 7 April 2021 and was able to respond to the issues in a way that demonstrated she was not constrained. 3 Ms Turner referred the Court to an article: Rodney Harrison “Employment Law and Human Rights – a Crucial Interface” (paper presented to New Zealand Law Society 10th Employment Law Conference, October 2014) 175. (iii) Ms Turner was not discriminated against on the basis of her religious beliefs, ethical beli...

7. Budapest-Convention-and-Related-Matters-Legislation-Amendment-Bill_FINAL.pdf [pdf, 545 KB]

   ...attached to the paper); IN CONFIDENCE 7 6jg082ob5 2024-11-05 17:03:34 IN CONFIDENCE 48.3 relevant international standards and obligations; 48.4 the Legislation Guidelines (2021 edition). Compliance with the New Zealand Bill of Rights Act and the Human Rights Act 49 Consideration has been given to whether the Bill complies with the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 (the Bill of Rights) and the Human Rights Act 1993. 50 Any Bill that extends sear...

8. Proactive release - COVID-19: Arbitrating Commercial Lease Disputes [pdf, 266 KB]

   ...scrutiny of proposals. These proposals are time dependent; they need to happen quickly and they need to apply retrospectively. If they are not made in this way, they will not achieve their intended purpose to support businesses through this time. Human Rights 69 The proposals in this paper do not engage significant issues of consistency with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. While there is no general protection for property under the Bill of Rights Act...

9. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...meaningful threshold requirement is reinforced by the White Paper commentary which explains that s 20 is concerned with “oppressive” state action, suggesting protection against state acts that reach a given level of severity.51 The United Nations Human Rights Committee has also said, in regard to Article 27 of the International Covenant on Civil and Political Rights: “not every interference can be regarded as a denial of rights”.52 46. Amending the test for recognition of CMT doe...

10. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

    ...availability of a jury trial, which New Zealand moved away from with the enactment of the Criminal Procedure Act 2011. There are some constraints on data Many aspects of a criminal case are particular to that case and can depend on individual human behaviour that influences decisions made during the course of proceedings, such as the decision to elect a jury trial. Similarly, judicial discretion allows for variation in outcome depending on the facts of an individual case, and how an...