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1. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...said to have an "adjudicative connotation" (Chisholm v Auckland City Council CA32/02 29 November 2002 at para 32). I do not believe a negotiated settlement between two parties can be considered to be an "adjudication" of the matters in dispute. Negotiation and adjudication are quite distinct concepts. Secondly, the determination needs to be by a Tribunal like body for the section to apply (Chisholm supra). The Crown is not such a body. 8. Even if the ouster clause...

2. BORA Taxation (Budget Measures) Bill [pdf, 89 KB]

   ...broadly there is no policy justification for differential rates based on the current age bands. Alignment would provide improvements in administration and compliance. The changes will also preserve more tax revenue that may be expended on more pressing matters. The distinction will only be temporary until the prescribed amounts are equalised. 12. We consider that the distinction is justified, the means adopted to achieve it are proportionate, and the practical benefits to society o...

3. Edinburgh v Scandrett [2016] NZREADT 29 [pdf, 120 KB]

   ...There is prejudice to the complainant as she faces more delay from resolution. The appellants’ rights of appeal are not affected by the procedure we have directed in terms of the Act. [19] In terms of the overall balance of convenience and justice in general, we decline the application for stay. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ______________________________ Ms C Sandel...

4. BORA Māori Purposes Bill [pdf, 307 KB]

   ...further amendments before it is submitted to Cabinet, and we will provide you with further advice should this prove necessary. 3. The Bill is an omnibus piece of legislation that amends five existing pieces of legislation relating to Māori Affairs matters. The Bill: • Changes the name of the Maniapoto council of elders; • Formalises the establishment of a seventh Regional Management Committee for the Kawhia Harbour region; • Specifies a minimum voting age of 18 years for Māo...

5. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...Arts Council of New Zealand Toi Aotearoa (the Arts Council). 4. The purposes of the Arts Council include promoting the arts in New Zealand, allocating funding to projects for professional and community arts, and giving advice to the Minister on any matter relating to the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discri...

6. BORA Ngāti Whātua Ōrākei Claims Settlement Bill [pdf, 289 KB]

   ...than in respect of the interpretation and implementation of the deed of settlement or the Act. 6. Legislative determination of a claim would not conventionally fall within the scope of judicial review [4]. However, to the extent that any excluded matters could be susceptible to judicial review, cl 13 constitutes a justified limit on the right affirmed by s 27(2) of the Bill of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 7....

7. BORA Objectionable Publications and Indecency Legislation Bill [pdf, 289 KB]

   ...prove a defence to a criminal charge, these provisions limit the right to presumption of innocence affirmed by s 25(c) of the Bill of Rights Act. However, that limit can here be justified on the basis that:3 15.1 The two defences each rely upon matters that are exclusively within the knowledge of an accused; and 15.2 The reverse onus provisions have the effect of requiring those at risk of committing the offence to take steps not only to avoid offending, but also to avoid the conduct...

8. [2021] NZEmpC 64 Lawton v Steel Pencil Holdings Ltd (in liq) [pdf, 183 KB]

   ...establishing and maintaining the AVL are to be met by Mr Stock (this issue may be revisited at the completion of the case). b) The technology used to establish an AVL must be reliable and compatible with the systems provided by the Ministry of Justice. c) The witnesses are to be supplied with their brief of evidence prior to the AVL connection being made. d) The witnesses are to have available to them copies of all documents that they may be referred to, including the briefs of ot...

9. [2018] NZEmpC 161 Aslan Farms Ltd v Johnstone [pdf, 324 KB]

   ASLAN FARMS LIMITED v PAUL JOHNSTONE NZEmpC CHRISTCHURCH [2018] NZEmpC 161 [21 December 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 161 EMPC 432/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for a stay of execution and urgency BETWEEN ASLAN FARMS LIMITED Plaintiff AND PAUL JOHNSTONE Defendant Hearing: 21 December 2018 (by tel...

10. [2020] NZEmpC 95 Rachelle v Air New Zealand Ltd [pdf, 195 KB]

    ...New Zealand has applied for them. [2] Clause 19 of sch 3 to the Employment Relations Act 2000 empowers the Court to award costs. Costs are discretionary. Any award has to be made on a principled basis, and in accordance with the interests of justice. Since January 2016 the Court 1 Rachelle v Air New Zealand Ltd [2019] NZEmpC 191. has used a Guideline Scale to assist in exercising the discretion.2 Furthermore, reg 68 of...