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1. BORA Education (Trustee Ineligibility) Amendment Bill [pdf, 69 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

2. BORA New Zealand Day Bill [pdf, 182 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omission...

3. OIA-98793.pdf [pdf, 68 KB]

   ...section 18(d) of the Act, as the information is publicly available. We note that the reports are the Ministry's view on the introduction version of the Bills' compliance with BORA. Whether the Bill as enacted is complaint with BORA is a matter for the courts. If you are not satisfied with this response, you have the right to complain to the Ombudsman under section 28(3) of the Act. The Ombudsman can be contacted by emailing info@ombudsman.parliament.nz; calling 0800 802 602...

4. OIA-124080.pdf [pdf, 806 KB]

   ...Parliamentary Counsel Office (the PCO) of the need for this update. The PCO has advised that this legislative provision was accidentally missed during the review of statutes following the passing of the former sovereign. The PCO has confirmed this matter is now on their list of legislation to be updated. Should you need to use the writ of habeas corpus in the meantime, PCO has indicated that it would be expected that His Majesty King Charles III (the current sovereign's name) be su...

5. [2011] NZEmpC 96 Snowdon v Radio New Zealand Ltd [pdf, 177 KB]

   ...not state that the plaintiff is currently unfit to engage in the hearing set down for 1 August 2011, as Mr Fletcher’s memorandum states. 6. In view of the opposition to the application and to ensure that I can properly determine the overall justice of the application, I require an affidavit from the medical practitioner setting out in far more detail than the certificate, her knowledge of the plaintiff and her reasons for the diagnosis and its consequences for the trial. There...

6. Tai Rakena v Corrections (AVL) [2017] NZHRRT 23 [pdf, 128 KB]

   ...NZHRRT 23] 2 [3] Mr Tai Rakena is currently serving a term of imprisonment at Whanganui Prison. The events in question occurred when he was detained at Rimutaka Prison. [4] For reasons which do not require elaboration here, the factual matters underlying Mr Tai Rakena’s claim are not in dispute. [5] Only two witnesses will be giving evidence at the hearing, being Mr Tai Rakena himself and Ms J Shand for Corrections. Ms Shand is the Health Centre Manager for Rimutaka and A...

7. [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 190 KB]

   ...that the rehearing application has merit and is likely to result in the original orders being set aside. The Labour Inspector opposes any stay. [3] In considering an application of this sort, the Court is ultimately guided by the interests of justice. The factors generally considered relevant are well established. In the context of the current application for a stay of the Labour Inspector’s application for consequential orders they include:2 (a) if no stay is granted, whet...

8. BORA Taxation (Annual Rates for 2019-20, GST Offshore Supplier Registration, and Remedial Matters Bill [pdf, 144 KB]

   23 November 2018 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Bill Purpose 1. We have considered whether the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of R...

9. [2021] NZACC 72 - Stryder v ACC (5 May 2021) [pdf, 137 KB]

   ...available to Judge McGuire in determining the outcome of the appeal, and it is impossible to discern any good reason why any audio recording of the hearing would in any way assist the appellant or be required to be disclosed to him in the interests of justice. [d] The appellant has sought leave to appeal to the High Court against the decisions of Judge McGuire in ACR 307/18 and ACR 054/20. For leave to be granted, the appellant must show that Judge McGuire erred in law, in a way...

10. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

    ...cross challenge [4] The Court has a discretion to grant an extension of time to take various steps, including to file a challenge.3 The discretion is to be exercised in accordance with principle. The overarching consideration is the interests of justice. The usual factors that will be considered are:4 • the reasons for the omission to file within time; 1 Pyne v Invacare New Zealand Ltd [2022] NZERA 240 (Member Arthur). 2 Employment Relations Act 2000, s 179(2). 3 Em...