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1. Proactive release – Community Magistrates (Remuneration and Allowances) Order 2019 [pdf, 690 KB]

   ...noted and no public interest has been identified that would outweigh the reasons for withholding it. No. Document Comments 1 Community Magistrates (Remuneration and Allowances) Order 2019 Cabinet paper Office of the Minister for Courts The legislative instrument referred to is publicly available from www.legislation.govt.nz. 2 Community Magistrates (Remuneration and Allowances) Order 2019 Cabinet Minute Cabinet Office Meeting date: 22 October 2019 Released in full. ht...

2. Justice Sector Outlook December 2016 [pdf, 758 KB]

   ...The reasons for the increased prison population are complex and numerous, but identifiable contributing factors include: • More people being prosecuted for serious charges. • A greater focus on domestic violence across the system, with new legislation being introduced in 2017. • Increased use of custodial remand, especially resulting from the Bail Amendment Act 2013. • Longer remand periods, reflecting in part the increasing number of serious charges in the Courts. Some...

3. Justice Sector Outlook December 2016 [pdf, 882 KB]

   ...The reasons for the increased prison population are complex and numerous, but identifiable contributing factors include:  More people being prosecuted for serious charges.  A greater focus on domestic violence across the system, with new legislation being introduced in 2017.  Increased use of custodial remand, especially resulting from the Bail Amendment Act 2013.  Longer remand periods, reflecting in part the increasing number of serious charges in the Courts. Some...

4. BORA Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill [pdf, 297 KB]

   Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill 25 July 2014 Hon Christopher Finlayson QC, Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill Purpose 1. We have considered whether the Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill (PCO 17833/13.0) (‘the Bill’) is consistent with the ri...

5. [2016] NZSSAA 71 (18 July 2016) [pdf, 178 KB]

   ...paid to be identical to one of the benefits paid in New Zealand. The comparison is not between individual types of pension but between programmes for income support payable for any of the contingencies covered in the New Zealand income support legislation.1 [11] Government occupational pensions are however exempt from this regime as the definition of ‘overseas pension’ in s 3 of the Act excludes them under subparagraph (c). [12] The definition of “Government Occupational...

6. Sheeran v Accident Compensation Corporation (Impairment Assessment) [2024] NZACC 130 (30 July 2024) [pdf, 231 KB]

   ...Appellant applied for a review of the Corporation’s decision. The Review [18] The review proceeded before Ms Ormandy, Reviewer, on 12 July 2023. Ms Ormandy gave a decision on 25 July 2023 dismissing the review application. She confirmed that the legislation requires certification of likely permanent impairment and that that certification had not been provided in this case. [19] A Notice of Appeal was filed against the Reviewer’s decision on 26 July 2023. Subsequent Developme...

7. s-7-Report-Child-Protection-Child-Sex-Offender-Government-Agency-Registration-Amendment-Bill.pdf [pdf, 146 KB]

   ...that there must be finality to proceedings. Once a person has been finally acquitted, pardoned, or convicted and sentenced, they should be able to move on.2 18. The Supreme Court of Canada recently considered the constitutionality of retrospective legislation analogous to the Bill. 3 That inquiry engaged two subsidiary questions:4 1 Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Child Protection (Ch...

8. BORA Organised Crime and Anti-Corruption Legislation Bill [pdf, 190 KB]

   Organised Crime and Anti-Corruption Legislation Bill 28 November 2013 Attorney General Legal Advice Organised Crime and Anti-Corruption Legislation Bill: Consistency with the New Zealand Bill of Rights Act 1990 1. I have reviewed the Organised Crime and Anti-Corruption Legislation Bill (the Bill) for consistency with the New Zealand Bill of Rights Act 1990. In my opinion the Bill is consistent with the Bill of Rights Act. 2. The Bill proposes amendments to a suite of enactme...

9. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...[6] Appellants’ submission [18] Respondent’s submissions [25] The Law [29] Discussion [34] The interests of justice? [34] Is the 1976 roadway order an “alienation”? [42] The 1953 legislation [42] The 1976 roadway order [49] Is a roadway order created by the 1993 legislation an alienation? [56] Does the 1953 or the 1993 legislation require consent to create a roadway order? [62] 1953 Legislation...

10. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

    ...42 Article 10 .............................................................................................. 196 - 235 43 Department of Corrections .............................................................. 196 - 197 43 Corrections Legislation ................................................................... 198 - 199 44 Corrections Regulations 2005 ......................................................... 200 45 Prisoners and Victims Claims Act 2005 ............