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1. BORA Meat Board Restructuring Bill [pdf, 49 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister of Agriculture and Forestry, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Agriculture and Forestry 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 assis...

2. BORA Manukau City Council (Regulation of Prostitution in Specified Places) Bill [pdf, 315 KB]

   ...New Zealand and international jurisprudence supports the proposition that forms of expression that may be regarded as offensive or distasteful are nevertheless protected forms of expression. The Court of Appeal in Living Word Film Distributors v Human Rights Action Group [3] accepted the proposition that a fundamental aspect of the right to freedom of expression is that it extends to protecting all information and opinion, however offensive or distasteful. 7. The Supreme Court of Cana...

3. BORA Corrections Administration (Effectiveness and Efficiency) Bill [pdf, 352 KB]

   ...could be seen to be especially demeaning for prisoners. However it does not authorise the insertion of any instrument, device or thing into any orifice. • A physical search or seizure of the person is a restraint on freedom and an affront to human dignity. [6] Strip searches are inherently degrading and can be considered an affront to the person being searched, particularly when devices or instruments are used to illuminate or magnify areas. The Court of Appeal has said that the...

4. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...enter it tomorrow, next month or next year. If the applicant is correct then for those people and their family's there is imminent and perhaps irreversible prejudice. 35. I return to paragraph 5. The figures and percentages indicated and the human and social consequences, if the applicant is correct, are overpowering. There appears to be nowhere else than the Tribunal where the applicant can go to address the issue. I have before me approximately 2000 pages of submissions, affidavit...

5. BORA Local Government Law Reform Bill [pdf, 405 KB]

   ...the objectives of these provisions justify the limitation on the presumption of innocence under section 25(c) of the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 R v Grayson & Taylor [1997] 1 NZLR 399. 2 Dr Susan Cassells Toward Sound Management of End-of-Life Vehicles in New Zealand 2004, 100 3 R v Wholesale Travel Group 84 DLR (4th) 161, 188 citing...

6. WD v KG LCRO 185/2015 [pdf, 104 KB]

   ...obligations. (c) Committee failed procedural fairness, and act as counsel on behalf of lawyers. (d) Committee failed procedural fairness and natural justice and perverted the course of natural justice. (e) Committee failed procedural [sic] of the Human Rights Act. And had based the decision on discrimination and racism. [13] He then repeated, and added to his complaints: (a) Lawyer failed to act competently. (b) Lawyer failed to act in a timely manner, in accordance with in...

7. Cabinet paper relating to Private Security Personnel and Private Investigators (Minimum Training) Amendment Regulations and other legislative instruments [pdf, 1.2 MB]

   ...effect on 8 April 2019. Compliance 26. These legislative instruments comply with each of the following: 26.1 the principles of the Treaty of Waitangi; 26 2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 1 Most amendments are already in effect and the remaining amendments will be brought into effect in late 2019. 1e0uwhavt9 2019-05-07 10:54:49RE LE AS ED B...

8. Proactive release – Family Court (Family Violence and Other Matters) Amendment Rules 2019 and other legislative instruments [pdf, 782 KB]

   ...with the 28- day rule. Compliance 19 These legislative instruments comply with each of the following: 19.1 the principles of the Treaty of Waitangi; 19.2 the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993; 19.3 the principles and guidelines set out in the Privacy Act 1993; 19.4 relevant international standards and obligations; and 19.5 the Legislation Guidelines (2018 edition), which are maintained by the Legislation D...

9. Combined Owners and Residents of Apartments in Sheds 19 20 22 23 [pdf, 3.6 MB]

   ...noise levels are relevant for assessing some types of construction noise; however in relation to the effects produced by activities such as pile driVing, the assessment also needs to cO[l$ider the effects of vibration which cannot be heard by the human ear. The effects of low frequency vibration cannot.be assessed in the same way as airborne noise. The effect of vibr~tion on structures has been assessed but it is not clear that the effect of vibration on people has been :;::tdequately...

10. Evidence Brief: Faith-based Interventions [pdf, 249 KB]

    ...Ratana (10%) and Mormonism (7%)). The largest non-Christian religions were Islam (4%), Buddhism (2%) and Hinduism (1%). Certain religious inputs are legally required for prisons in New Zealand. The manifestation of religion and belief is a human right under the New Zealand Bill of Rights Act 1990, and making reasonable provision for prisoners’ religious or spiritual needs is required under the Corrections Act 2004. Prison chaplaincies, accommodation of religious practice...