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1. BORA Building (Pools) Amendment Bill [pdf, 292 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 omiss...

2. BORA Support for Children in Hardship Bill [pdf, 288 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. ZYX v Attorney-General Non-Publication Order [2014] NZHRRT 44 [pdf, 39 KB]

   ...private) either as to the whole or any portion thereof: (c) make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal. [5] The granting of name suppression is a discretionary matter for the court or tribunal: R v Liddell [1995] 1 NZLR 538 (CA). The starting point when considering suppression orders is the presumption of open judicial proceedings, freedom of speech (as allowed by s 14 of the New Zealand Bill o...

4. BORA Smart Meters (Consumer Choice) Bill [pdf, 284 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 omiss...

5. BORA Employment Relations Amendment Bill [pdf, 279 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...

6. BORA Victims’ Orders Against Violent Offenders Bill [pdf, 216 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 omissio...

7. McLeod - Part Harataunga 2B2 (2001) 103 Hauraki MB 159 (103 H 159) [pdf, 596 KB]

   ...such discretion must be exercised Judicially and not arbitrarily but in accordance with reason and justice. He then submits that it is just and reasonable to award costs to the Respondent on a solicitor/client !:lasis and points to the following matters in support: 1. The proceedings were commenced by the Applicants and sought to cancel the only legal access available to the Respondents to gain access to their land. 2. The orders were made on the 8th of May 1980 and had survived wit...

8. WYX v Attorney-General (Non-Publication Order) [2014] NZHRRT 43 [pdf, 41 KB]

   ...private) either as to the whole or any portion thereof: (c) make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal. [5] The granting of name suppression is a discretionary matter for the court or tribunal: R v Liddell [1995] 1 NZLR 538 (CA). The starting point when considering suppression orders is the presumption of open judicial proceedings, freedom of speech (as allowed by s 14 of the New Zealand Bill o...

9. [2020] NZEmpC 122 HST v KAG [pdf, 150 KB]

   ...was inadequate, and that the overall merits favoured KAG. [7] The Court has a discretion to extend the time within which a challenge may be filed. The discretion is broad but it has to be exercised in a principled way and in the interests of justice. Factors usually taken into account when considering exercising this discretion include the reason for the omission to bring the challenge within time, the length of the delay, any prejudice or hardship to the other party, the effect o...

10. Taxation (Budget 2021 and Remedial Measures) Amendment Bill [pdf, 918 KB]

    ...the interpretation or implementation of the deed of settlement or the Settlement Act. 6. The legislative determination of a claim ought not conventionally to fall within the scope of judicial review.' However, to the extent that any excluded matters could be susceptible to judicial review, clause 15 constitutes a justified limit on the right affirmed by s 27(2) of the Bill of Rights Act. This is because excluding subsequent challenge is a legitimate incident of the negotiated settle...