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1. BORA Crimes Amendment Bill No.5 [pdf, 94 KB]

   ...of the definition is family relationships. Accordingly, the section represents a prima facie infringement of the prohibition on discrimination based on "family status" (as defined in s 21(1)(l)(iv) and s 2(1)("relative") of the Human Rights Act 1993). There is disadvantage involved, in that engaging in consensual sexual activity with person X leaves another person (person Y) open to criminal prosecution if they are a close relative of X, whereas another person (person...

2. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister of Police, if you agree. Roger Palairet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC Minister of Justice Minister of Police 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 determi...

3. [2017] NZEmpC 163 Briscoe v Oceania Dairy Ltd [pdf, 192 KB]

   ...as a Health and Safety Advisor by Oceania. She started work in March 2014 and on 1 February 2016 agreed to vary her individual employment agreement. The result was an alteration to her reporting lines within the company, so she reported to the Human Resources Manager who, at all relevant times, was Karen Treloar. [5] Several allegations were made to support the claim that Ms Briscoe had been unjustifiably disadvantaged in her employment. Those allegations were, generally, that sh...

4. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...of the applicant’s workplace, which may be compromised by the return of the respondent. The Defendant considers that such an assertion would raise an issue of the employer engaging in a discriminatory practice in contravention of section 22 Human Rights Act 1993 and section 104 Employment Relations Act 2000. (Original emphasis) [3] The plaintiff applied to strike out that paragraph because the discrimination claim was abandoned during the investigation meeting and was not pa...

5. Wawatai - Estate of Akutini Wawatai (2001) 150 Gisborne MB 38 (150 GIS 38) [pdf, 1.3 MB]

   ...NZFLR 769; and Oorfv 00rf(1982) 1 NZLR 494 or (1982) 1 NZFLR 331 (CA) . While exploring different indicia the Family Court has also stressed that each case must be considered on its own facts and with "a realistic application of common sense and human experience." (See Wright v Wright (1997) 15 FRNZ 474) In Ruka v OSW (1996) 14 FRNZ 633 or (1996) NZFLR 921, Sir Ivor Richardson P and Blanchard J identified as "key positive features" of a legal marriage "cohabitati...

6. Proactive release - Interest on Money Claims Regulations 2019 [pdf, 1.1 MB]

   ...effect on 12 April 2019 in compliance with the 28- day rule. Compliance 9. The Regulations comply with the: 9.1. the principles of the Treaty of Waitangi; 9.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 9.3. the principles and guidelines set out in the Privacy Act 1993; 9.4. relevant international standards and obligations; 9.5. Legislation Advisory Committee Guidelines 10. There are no statutory prerequisites re...

7. How to Simplify Guide - Behavioural Science Aotearoa [pdf, 328 KB]

   ...(2009). Salience and taxation: Theory and evidence. American economic review, 99(4), 1145-77. 4 Shrestha, S., Lenz, K., Chaparro, B., & Owens, J. (2007, October). “F” Pattern Scanning of Text and Images in Web Pages. In Proceedings of the Human Factors and Ergonomics Society Annual Meeting (Vol. 51, No. 18, pp. 1200-1204). Sage CA: Los Angeles, CA: SAGE Publications. 5 Thalmann, M., Souza, A. S., & Oberauer, K. (2019). How does chunking help working memory?. Journal of Experi...

8. [2020] NZREADT 57 - Buchanan v The Real Estate Agents Authority (8 December 2020) [pdf, 229 KB]

   ...being relevant. Any obligation that they might have would have to be one that was reasonable to impose on the licensees in the circumstances. We do not consider that disclosure of the presence of methamphetamine levels which were not harmful to humans would constitute a relevant matter that the licensees were obliged to disclose. [29] Nor is the fact that the property had been tested but found not to have harmful methamphetamine levels. Even assuming that this fact was widely know...

9. Proactive release - Amendments to the District Court Rules 2014 and High Courts Rules 2016 [pdf, 597 KB]

   ...waiver of the 28-day rule. Compliance 14. The regulatory changes comply with each of the following: 14.1. the principles of the Treaty of Waitangi; 14.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 14.3. the principles and guidelines set out in the Privacy Act 1993; 14.4. relevant international standards and obligations; and 14.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation...

10. [2018] NZEnvC 171 Genera Limited v Bay of Plenty Regional Council [pdf, 3.1 MB]

    ...educated and had participation rights into the use of methyl bromide in the region. It seeks to ensure that fumigant users adhere to the limits in the Montreal Protocol due to the significant adverse effects of methyl bromide on the environment and on human health. I understand this to be a reference to The Montreal Protocol on Substances that Deplete the Ozone Layer, being a protocol to the Vienna Convention for the Protection of the Ozone Layer, to both of which New Zealand is a par...