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1. 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...

2. 20231124-Justice-BIM_Redacted-FINAL.pdf [pdf, 1.4 MB]

   ...breadth of your portfolio responsibilities and their interaction with other parts of government, we seek your views on where we can best focus our efforts to help you achieve your objectives. We understand you are interested in making a number of legislative changes, which may require us to prepare bids on your behalf for the 2024 Legislation Programme. An early discussion with you will help us to focus our policy and legislation work programme on what you hope to achieve for the next...

3. BORA Disabled Persons Employment Promotion (Repeal and Related Matters) Bill [pdf, 101 KB]

   ...Disabled Persons Employment Promotion (Repeal and Related Matters) Bill 2003 (PCO 4343/6) is consistent with the New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). We understand that this Bill is to be considered by the Cabinet Legislation Committee on Thursday, 20 November 2003. 2. We have concluded that this Bill appears to achieve overall consistency with the Bill of Rights Act. However, two of potential issues of inconsistency with section 19 of the Bill of Ri...

4. [2015] NZEmpC 157 Labour Inspector v Cypress Villas Ltd full court [pdf, 515 KB]

   ...employees were said to have lost their minimum wage and holiday pay entitlements by the proliferation of such practices. 14 Statutory interpretation by recourse to extraneous materials [37] Counsel for Mr Brill relied significantly on parliamentary legislative materials in support of his submissions for a restricted interpretation of s 234. 14 See, for instance, <http://www.scoop.co.nz/stories/GE9911/S00060/worldwide-trend-in-...

5. [2010] NZEmpC 35 Heritage Expeditions Ltd v Fraser [pdf, 34 KB]

   ...construction of cl 4 would therefore be consistent with the scheme of the statute. Discussion and decision [19] As with any exercise in statutory interpretation, the starting point must be s 5 of the Interpretation Act 1999: 5 Ascertaining meaning of legislation (1) The meaning of an enactment must be ascertained from its text and in the light of its purpose. (2) The matters that may be considered in ascertaining the meaning of an enactment include the indications provided in t...

6. Committee on the Elimination of All Forms of Racial Discrimination – government report back on 15th-17th reports [pdf, 59 KB]

   ...constitutional and historical importance for New Zealand and it is the basis for an ongoing relationship between the Crown and Māori. Given the treaty’s central importance to New Zealand, treaty references have been incorporated in more than 30 pieces of legislation and will continue to be included in relevant legislation that goes before the New Zealand Parliament 4. New Zealand's legislative approach is characterized by a move away from general treaty references to specific a...

7. Coast Law - Allotment 266A3C2 Waimana Parish Block (2014) 103 Waiariki MB 270 (103 WAR 270) [pdf, 166 KB]

   ...the Court records as a current title. [7] There was no opposition to the application, but I reserved judgment to review the relevant law and facts further. Relevant Law [8] As this transaction occurred on the 19 th December 1990, the relevant legislation affecting this application is the Māori Affairs Act 1953. That Act contained s 2(2) the relevant provisions of which are: (2) Unless expressly provided in this or any other Act with respect to any specified or defined area, a...

8. [2012] NZSC 69 SC124/2011 Service Food Workers Union v The persons listed in Schedule A & OCS Limited [pdf, 137 KB]

   ...for redundancy entitlements, the subparas would be inherently contradictory and the right to bargain could never be excluded by agreement. We cannot accept that Parliament intended to achieve this result. Nor can we accept that Parliament has legislated in such a way that a discrete and substantive part of para (c) must be treated as redundant. [10] We reach this conclusion while fully recognising, as Mr Cranney emphasised, by reference to s 237A, that subpart 1 is designed to...

9. Regulatory Impact Statement: Identifying offenders attempting to unlawfully leave New Zealand [pdf, 109 KB]

   ...community by a probation officer. It excludes prisoners2, unconvicted citizens (including people on bail who have not already been prohibited from leaving New Zealand by the court), patients managed under mental health or intellectual disability legislation (who are the subject of a related Regulatory Impact Statement) and people subject only to civil orders. The analysis takes for granted that attempts by these offenders to leave New Zealand, without the approval of a probation officer...

10. Electoral-Amendment-Regulations-No-2-2022-Final.pdf [pdf, 819 KB]

    Proa cti ve R el se I N C O N F I D E N C E Office of the Minister of Justice Cabinet Legislation Committee Electoral Amendment Regulations (No 2) 2022 Proposal 1 This paper seeks authorisation for the Electoral Amendment Regulations (No 2) 2022 (the Regulations) to be submitted to the Executive Council. Policy 2 On 2 May 2022, Cabinet agreed to amend the Electoral Regulations 1996 to support the delivery of elections [CBC-22-MIN-0026 and CAB-22-MIN-0150 refers]. On 1...