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1. Proactive release – Ombudsmen (Protection of Name) Amendment Bill [pdf, 2.5 MB]

   ...adequately explores the feasible options, and is convincing in its conclusions. The constraints are clearly identified for decision makers. Stakeholder consultation was not possible however an assessment of the likely impact on affected parties is included. Human Rights 35. A complete prohibition could be contrary to section 14 of the New Zealand Bill of Rights Act (BORA) 1990 (freedom of expression). Th s limi ation may be justified as necessary and proportionate, to ensure the policy objec...

2. Rata - Succession to Paretuaoroa Paretekorae and Haki Rata [2021] Chief Judge's MB 106 (2021 CJ 106) [pdf, 424 KB]

   ...Bill of Rights. (Emphasis added) 27. Section 19 of the New Zealand Bill of Rights Act 1990 (Freedom from discrimination) states: (1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. 28. While section 7 of the Interpretation Act 1999 further states: An enactment does not have retrospective effect. 29. Legislation generally has prospective and not retrospective effect. The Submissions...

3. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...misconduct and, if so, that dismissal might be the outcome. Mr Elisara was overseas on leave at the time the letter was sent to him. [15] A further letter was sent to Mr Elisara on 18 January 2017 by Mr Fearnley, the Acting Group Manager, Human Resources, Allianz Australia. The letter reiterated the seriousness of the concerns which had been raised, recommended that Mr Elisara seek advice and bring a support person and/or representative to the meeting, and advised that once Mr...

4. Te Manutukutuku 74 [pdf, 11 MB]

   ...Tribunal and soon moved to Wellington to take up a position in the claims coordination team from 2007 to 2008. Following this, Nicola worked as a repatriation researcher at Te Papa, assisting with facilitating the return of Māori and Moriori human remains to their descendant communities. Nicola then returned to the Treaty sector and has worked for the past eight years at the Crown Forestry Rental Trust as a research facilitator and then as a fund­ ing and contracts manager. She w...

5. Applying to be a legal aid provider - Selection Committee guidance [pdf, 423 KB]

   ...members of the Employment Law Institute of New Zealand (ELINZ). ELINZ members are bound by the ELINZ Code of Conduct. Applicants for employment advocate approval also need to demonstrate experience dealing with mediation, dispute resolution and/or human resources issues. The application should include the following information in the Additional information section: • the applicant’s qualifications • a brief employment history, including the applicant’s experience in mediation,...

6. Education and Training Bill Advice [pdf, 275 KB]

   ...of the Bill. 33 This provision is on p 83 of the Bill. Section 19 - freedom from discrimination 41. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds in the Human Rights Act 1993, including age, sex, religious belief, and national origin. 42. A legislative provision will limit the right to freedom from discrimination if: • the legislation draws a distinction based on one of the prohibited grou...

7. [2020] NZEnvC 001 Environmental Defence Society v Thames Coromandel District Council [pdf, 2.3 MB]

   ...flora and fauna; and • maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 2. To preserve the natural character of the coastal environment and protect natural features and landscape values through: • recognising the characteristics and qualities that contribute to natural character, natural fea...

8. 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...

9. 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...

10. 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...