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1. Brown v REAA & Wealleans [2011] NZREADT 42 [pdf, 141 KB]

   ...even mentioned in some interpretive provisions.’ 59 This exhortation is valuable to the extent that it reminds us that statutory interpretation is confined by the text that Parliament has enacted. A judge or other interpreter is not entitled to legislate, or to go beyond the text and impose solutions simply because they seem fair and just. In other words, the reliance on ‘intention of Parliament’ is an essential corollary of sovereignty of Parliament. However the notion is n...

2. BORA Taxation (Budget Measures: Family Incomes Package) Bill [pdf, 170 KB]

   ...discrimination 5. Section 19(1) of the Bill of Rights Act affirms the right to be free from discrimination on the prohibited grounds set out in the Human Rights Act 1993 (‘the Human Rights Act’). 6. The key questions determining whether legislation limits the freedom from discrimination are: 1 a. does the legislation draw a distinction on one of the prohibited grounds of discrimination under the Human Rights Act? b. if so, does the distinction involve material disadvantag...

3. 26 February Legal Aid News 2015 [pdf, 366 KB]

   Legal Aid News - February Vulnerable Children legislation and related changes to legal aid The Vulnerable Children legislation received Royal Assent on 1 July 2014 and puts in place a number of reforms which are further outlined in the Children’s Action Plan to provide a framework for protecting and improving the wellbeing of vulnerable New Zealand children. Several new initiatives will start being phased in later this year, including new requirements for organisations and people...

4. Family justice initiatives

   ...expanding the role to Whangārei, Hamilton, Rotorua, Palmerston North, Wellington and Invercargill. Family Court Associates also travel to smaller courts in response to judicial demand. This role was established by the Family Court (Family Court Associates) Legislation Act 2023 in 2023. Family Court Associates are intended to reduce delay by taking on some of Family Court judges’ workload, including decisions made at the early stages of proceedings. This will enable judges to focus on progres...

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   2. Key initiatives

5. Budget 2025

   ...criminal trials to be referred to the High Court where appropriate. Amendments to the Coroners Act 2006 to enable coroners to close inquiries when new information, or a change in circumstances, mean it is no longer appropriate to conduct the inquiry. These legislative changes will help improve timeliness across the court system. These changes will reduce duplication and unnecessary churn and deliver efficiencies across the system. Importantly, these changes will benefit other court users – d...

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6. AMLCFT Statutory Review Final Report [pdf, 5.4 MB]

   ...identifying suspicious or illicit activity, developing strategic intelligence, and fundamental to an effective risk-based approach. 46. With respect to SARs, we recommend providing further guidance about submitting these reports, reviewing the legislative requirements for submitting SARs, and reviewing and potentially replacing goAML with an appropriate system if it is not possible to make goAML more user friendly. We also recommend amending the requirements for lawyers to ensure they...

7. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 3 - October 2016 [pdf, 1.2 MB]

   In confidence Office of the Minister of Justice ANTI-MONEY LAUNDERING AND COUNTERING FINANCING OF TERRORISM REFORMS: PHASE II Proposal 1. Further to the decision to pass legislation implementing the second phase of the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) reforms, this paper: a. Outlines benefits and anticipated costs of the reforms; b. Provides an overview of the feedback on key issues received by the Ministry of Justice during consultat...

8. 2015 to 2019 Ministry of Justice statement of intent [pdf, 952 KB]

   ...know their information is safe, while sensibly ensuring an appropriate balance is struck so that personal information can be used where there is a clear public benefit, within a clearly defined framework. Finally, an independent review examining the legislation relating to the Government Communications Security Bureau (GCSB) and New Zealand Security Intelligence Service (NZSIS) will look at whether the legislation governing agencies is fit for purpose. The review will report back in Febru...

9. Regulatory Impact Assessments

   ...the existing control orders regime. RIA - Extended control orders Regulatory Impact Assessment relating to a cannabis regulatory model The Regulatory Impact Analysis May 2019 was provided to Cabinet with the Cabinet Paper '2020 Cannabis Referendum – legislative process and overarching policy settings for the regulatory model'. This Cabinet Paper has been proactively released. RIA relating to a cannabis regulatory model Regulatory Impact Assessment - AML/CFT Expiring Regulations This analysis...

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   1. Justice sector & policy >
   2. Regulatory stewardship

10. RIS Regulatory Systems Justice Amendment Bill package [pdf, 1.1 MB]

    ...Legislation affecting the Criminal Law (Anti-Money Laundering), Courts and Tribunals, and Occupational Regulation regulatory areas contains some inconsistencies, gaps, errors, and barriers to achieving the original policy intent. If left unaddressed, these legislative problems may accumulate and cause regulatory systems to operate at suboptimal levels and lead to unnecessary costs being imposed on regulators and regulated parties in those systems. Executive Summary The legislation g...