Search Results

1. Government-response-to-the-Law-Commissions-report-Class-Actions-and-Litigation-Funding.pdf [pdf, 357 KB]

   ...for pursuing Māori collective litigation, such as the Waitangi Tribunal, the Law Commission do not envision an increase in class actions in this area. However, they note that individual Māori plaintiffs could still benefit from using the system. Human rights 33 Approval of the attached Government response has no direct human rights implications. There are existing procedures for bringing group litigation under the Human Rights Act 1993.1 Gender implications 34 Approval of the Go...

2. Nigel-Hampton-and-Kathryn-Dalziel-Submissions.pdf [pdf, 230 KB]

   ...the families in respect of the scope of the inquiry in order to fully respond to the issues raised in the December Minute. This point is expanded upon below in respect of the issues. 5. The families intended to support the application for the Human Rights Commission to be granted leave to intervene however the Coroner’s Minute of 1 February 2022 was issued prior to filing a submission in support. The families believe the Human Rights Commission has an important role to play in the...

3. D’Arcy-Smith v Ministry of Social Development [2023] NZHRRT 26 [pdf, 204 KB]

   ...established that Mr D’Arcy-Smith owed the Ministry of Social of Development (the Ministry). In 2018 after Mr D’Arcy-Smith received 1 [This decision is to be cited as D’Arcy-Smith v Ministry of Social Development [2023] NZHRRT 26.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2023] NZHRRT 26 I TE TARAIPIUNARA MANA TANGATA 2 correspondence regarding the debt, he contacted the Ministry, and a case manager advised him twice that the debt would be written off. However, this did not h...

4. Proactive release – Government response to the Law Commission report: ‘‘Here ora: Preventive measures in a reformed law’’ [pdf, 570 KB]

   ...which permit an offender to be detained in a secure facility on prison land, though outside of the prison itself. 8 In 2021, the Commission was asked to undertake a review of preventive detention to address recommendations from a 2017 United Nations Human Rights Committee decision, Miller v New Zealand. This decision found that preventive detention breaches the protections against arbitrary detention under the International Covenant on Civil and Political Rights, and recommended that N...

5. ENVC Hearing 6Oct14 TGKL case law 3 effects [pdf, 2.1 MB]

   ...[57] More contentious in this case is to what standard the parties have to prove their respective cases about the risks to the environment of Clifford Bay, and in particular to the Hector's dolphins which live there, and to the amenities of humans who live nearby. [58] It is beyond dispute that disputed facts in issue in proceedings under the RMA have to be proved on the balance of probabilities. In a case under the RMA in which one issue was whether certain land was waahi tapu -...

6. 2021-10-27 ORC - PC8 - Common Bundle - Volume 1 [pdf, 16 MB]

   ...[Repealed – 1 May 2014] 7.4 Issues related to non-point source discharges to water [Repealed – 1 May 2014] 7.5 Objective [Repealed – 1 May 2014] 7.A Objectives [Unchanged] 7.B Policies general [Unchanged] 7.C Policies for discharges of human sewage, hazardous substances, hazardous wastes, specified contaminants, and stormwater; and discharges from industrial or trade premises and consented dams 7.C.1 – 7.C.4 [Unchanged] 7.C.5 Minimise the adverse environmental effe...

7. Restorative Justice: Best practice in New Zealand 2004 - 2017 [pdf, 428 KB]

   ...all parties and give ample opportunity for everyone present to speak their truth freely. On the other hand, as long as these values are honoured, there is room for a diversity of processes and a flexibility of practice. It is this emphasis on deep human values and virtues on the one hand, and flexibility of practice on the other, that affords restorative justice such cross- cultural utility. Different cultural and ethnic communities may employ different processes in order to actualise co...

8. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...pace. And, Professor Ewing, you will be interested to know this: The report of the Think Tank which is called Policy Exchange, says that the main weapons used in legal 2 challenges to UK military operations are the European Convention on Human Rights in the 1998 Human Rights Act. Our legal creep is, I fear, somewhat more rapid although I cannot claim that civilisation as we know it is under immediate threat, as appears to be the claim in the United Kingdom. And I haven’t...

9. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...consistent with section 14 of the Bill of Rights Act. Section 19 – Freedom from discrimination 8. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds of discrimination set out in the Human Rights Act 1993. Prohibiting beneficiaries from electing to end formula assessments of child support 9. Clause 11 of the Bill does not allow social security beneficiaries to elect to end a formula assessment of child support. Under se...

10. BORA Employment (Pay Equity and Equal Pay) Bill [pdf, 296 KB]

    ...by the Bill are justified under s 5 of the Bill of Rights Act. Section 19 – Freedom from discrimination 16. Section 19 of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out in the Human Rights Act 1993, including sex.2 17. The key questions in assessing whether there is a limit on the right to freedom from discrimination are:3 a. does the legislation draw a distinction on one or more of the prohibited grounds of discr...