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1. BORA Limitation Bill [pdf, 285 KB]

   ...BILL CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Our Ref: ATT395/86 1. I have considered this Bill for consistency with the New Zealand Bill of Rights Act 1990. I conclude that while the Bill raises issues in respect of the following matters, no inconsistency arises: 1.1 The general right to an effective remedy under the Bill of Rights Act, which is limited by the extension of limitation periods to that Act in cl 11(2)(c); and 1.2 The right of non-discrimination on the...

2. BORA Employment Relations (Protection of Young Workers) Amendment Bill [pdf, 290 KB]

   ...reasonable limitations. In Hansen, Tipping J made an analogy to a shooting target where the 3 Hansen v R [2007] NZSC 7. 4 Hansen v R [2007] NZSC 7 at [113] – [116] per Tipping J. subject matter is the bull’s eye, and the area around the bull’s eye represents the margin or latitude available to Parliament. 5 18. In previous advice we have noted that age restrictions necessarily involve a degree of generalisation,...

3. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...requirements in relation to the repossession of consumer goods. In these situations, the accused, rather than the prosecution, is in the best position to provide the evidence required to prove the defence, because the elements that need to be proved are matters peculiarly within the accused’s knowledge. 27. A reverse onus of proof is generally considered to be more easily justifiable for regulatory offences. The CCCFA s 103 offence is regulatory in nature. In addition, creditors and...

4. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...following: [6.1] A flexible approach can be taken by the Tribunal to costs. See [60]. [6.2] There must be caution about applying the conventional civil costs regime in the Tribunal’s jurisdiction. See [61]. [6.3] The Tribunal has broad powers to do justice even if this means departing from the conventional rules applying to civil proceedings. See [62]. http://www.legislation.govt.nz/act/public/1993/0082/latest/link.aspx?id=DLM304921#DLM304921 http://www.legislation.govt.nz/act/pu...

5. Fisheries Amendment Bill [pdf, 217 KB]

   ...be consistent with the Bill of Rights Act if the limits can be demonstrably justified in a free and democratic society, in accordance with 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill (24 September 2012). 3 R v Wholesale Travel Group (1992) 84 DLR (4th) 161, 188 citing R v Oa...

6. DC v T Ltd [2018] NZDT 1401 (7 May 2018) [pdf, 208 KB]

   ...signature it was. b. SZ is correct that in his capacity as shareholder JH would not have been in a position to bind the company. However JH had more than one capacity. He was listed in the Exposition, a formal document certifying certain important matters of safety and responsibility to the Civil Aviation Authority, as both the Flight Operations Manager, and the Check and Training Manager. As Flight Operations Manager, according to paragraph 3.1 of the Exposition, he was the person re...

7. Directory of Official Information P-R [pdf, 997 KB]

   ...Directory of Official Information Listings P-R About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz mailt...

8. Mahoney v Trustees of the Nicholas George Te Paa Whanau Trust - Okahu 1 and other blocks [2015] Māori Appellate Court MB 417 (2015 APPEAL 417) [pdf, 198 KB]

   2015 Maori Appellate Court MB 417 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAITOKERAU DISTRICT A20150002503 APPEAL 2015/11 UNDER Section 58, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Okahu 1, Okahu 3B2B2A, Okahu 3B2B2C, Okahu 3B2B2D, Okahu 4A, Okahu 4B, Okahu 4D, Okahu 4C1, Okahu 4C2, Okahu 3A and Okahu 3B2A BETWEEN DESMOND WILLIAM MAHONEY, TE URI REIHANA-NGATOTE & JOHN (HONE) PETERS Appellants AND TRUSTEES OF THE NICH...

9. Directory of Official Information P-R [pdf, 999 KB]

   ...Directory of Official Information Listings P-R About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz mailt...

10. Directory of Official Information P-R [pdf, 998 KB]

    ...Directory of Official Information Listings P-R About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz mailt...