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1. Review of the Foreshore and Seabed Act 2004 Post Consultation Decisions [pdf, 993 KB]

   ...recognise customary interests is preferred, we think allowing claimants the choice of entering into direct negotiations or taking their claim to court to determine their interests is a fair and reasonable approach. Prescribing tests and awards in legislation provides the greatest level of certainty and efficiency for all parties and interests. 6 Using a combination of Canadian common law and tikanga Māori to develop unique New Zealand tests and awards to determine and recognise custom...

2. [2006] NZEmpC AC 39/06 Epic Packaging Ltd v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 123 KB]

   ...democratic society in the interests of national security or public safety or other momentous considerations. Although New Zealand entered a reservation in respect of Article 22, this was “as it relates to trade unions to the extent that existing legislative measures, enacted to ensure effective trade union representation and encourage orderly industrial relations, may not be fully compatible with that article.” [46] Applying the guides to statutory interpretation and relevant...

3. Proactive-release-Foreign-Interference-Bill_FINAL..pdf [pdf, 594 KB]

   ...regimes for increasing the visibility of foreign influence activity, similar to approaches being taken by comparable jurisdictions, was also considered, but is not recommended at this time. 5 Cabinet agreement is sought on policy proposals for legislative change and to instruct the Parliamentary Counsel Office (PCO) to draft a bill for introduction in late 2024. Background 6 The Ministry has undertaken a comprehensive review of the efficacy and responsiveness of New Zealand’s cr...

4. Regulatory Impact Statement Hague Child Protection Convention [pdf, 178 KB]

   ...Children (the Convention). To date 19 countries including Australia are parties to the Convention. Seventy per cent of New Zealand’s international cases are with Australia. Australia has indicated support for New Zealand’s accession. 10. Legislation is required to implement the Convention in New Zealand. The Convention will enter into force for New Zealand during 2012 if implementing legislation has been enacted and any necessary regulations and court rules have been promulgated...

5. OIA-111634.pdf [pdf, 2.3 MB]

   ...system responds to young adult offenders (see Appendix 5). Removing automatic transfer of 17-year olds to adult court (Repeal Schedule 1A of the Oranga Tamariki Act 1989) 26. When the youth justice system was expanded to include 17-year olds (legislation was passed in 2017 and came into effect in 2019), a schedule was included in the legislation which required 17-year olds charged with specific serious offences to be automatically transferred to the adult jurisdiction (Schedule 1A...

6. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...court delays. The proposals relating to changes to criminal procedure and disclosure and funding for Police prosecutions support this priority. Executive Summary 3 This paper notes work in progress to improve court and system performance through legislative changes to criminal procedure and disclosure, as well as a proposal providing funding for Police prosecutions. 4 In recent years there has been a significant increase in the number of District Court cases awaiting jury trials and...

7. BORA Subordinate Legislation Confirmation Bill (No 2) [pdf, 69 KB]

   LEGAL ADVICE LPA 01 01 24 17 June 2020 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Subordinate Legislation Confirmation Bill (No. 5) 1. We have considered whether the Subordinate Legislation Confirmation Bill (No. 5) (the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have not yet received a final version of the Bill. This advice has be...

8. 20200619 Subordinate Legislation [pdf, 96 KB]

   17 June 2020 Hon David Parker, Attorney-General LEGAL ADVICE LPA 01 01 24 Consistency with the New Zealand Bill of Rights Act 1990: Subordinate Legislation Confirmation Bill (No. 5) 1. We have considered whether the Subordinate Legislation Confirmation Bill (No. 5) (the Bill') is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 ('the Bill of Rights Act'). 2. We have not yet received a final version of the Bill. This advice ha...

9. Proactive release - Order in Council: Electoral Main Rolls Closing Order 2020 [pdf, 604 KB]

   ...that the copy of the Order provided to Ministers with this paper have been withheld in accordance with section 61 of the Legislation Act 2012 and section 9(2)(h) of the Official Information Act 1982 to maintain legal professional privilege. The legislative instruments are publicly available from www.legislation.govt.nz. 3. LEG-20-MIN-0089 Cabinet minute Meeting date: 30 June 2020 Released in full. In confidence Office of the Minister of Justice Chair Cabinet Legislation Co...

10. COVID-19 Response (Further Management Measures) Legislation Bill - Crown Law Vet [pdf, 219 KB]

    30 April 2020 Attorney-General COVID-19 Response (Further Management Measures) Legislation Bill (PCO 22874/4.0) – Consistency with New Zealand Bill of Rights Act 1990 Our Ref: ATT395/313 1. We have been asked to consider the following provisions in the COVID-19 Response (Further Management Measures) Legislation Bill1 (“the Bill”) for consistency with the New Zealand Bill of Rights Act 1990 (“the Bill of Rights Act”): 1.1 Schedule 6, Part 1 (amendments to the Coroners Act 2006);...