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1. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.6 MB]

   ...persons detained for health reasons and information on safeguards and alternative treatments. It specifically asked about persons with intellectual disabilities. 39. The report provides data as far as available and information on legislative safeguards, however data is not complete. There are a number of grounds for healthcare detention and there are some concerns about safeguards. The Human Rights Commission recently raised issues around aged-care d...

2. Proactive release - Seventh Periodic Report under the Convention Against Torture [pdf, 2.5 MB]

   ...persons detained for health reasons and information on safeguards and alternative treatments. It specifically asked about persons with intellectual disabilities. 39. The report provides data as far as available and information on legislative safeguards, however data is not complete. There are a number of grounds for healthcare detention and there are some concerns about safeguards. The Human Rights Commission recently raised issues around aged-care d...

3. Drug offences

   Key statutes Misuse of Drugs Act 1975 Misuse of Drugs Amendment Act 2019 Drug and Substance Checking Legislation Act 2020 Key secondary legislation Misuse of Drugs Regulations 1977 Information/links to recent or currently underway reviews The Misuse of Drugs Amendment Act 2019 altered the classification of some drugs and affirmed the Police discretion to not prosecute for possession of drugs for personal use where a health approach is more beneficial. The Drug and Substance Checking Legisla...

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   4. Criminal law

4. [2016] NZEmpC 143 Borsboom (Labour Inspector) v Preet PVT Ltd [pdf, 667 KB]

   ...compensation) determination ………………... [33] The Authority’s penalty determination ……………………………………………. [38] Plaintiff’s grounds of challenge …………………………………………………… [42] Legislative history of penalties in employment law ……………………………… [47] Penalties – general principles ……………………………………………………... [49] Increased penalties from 1 April 2011 an...

5. BORA Housing Legislation Amendment bill [pdf, 113 KB]

   LEGAL ADVICE LPA 01 01 21 17 August 2016 Hon Christopher Finlayson QC, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: Housing Legislation Amendment Bill 1. We have considered whether the Housing Legislation Amendment Bill (‘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. The Bill amends the Housing Accords and Special Housing Areas Act 2013 and Housing...

6. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...Māori to hold Māori land or provide governance for Treaty settlements. The law that lies behind the trust is, therefore, a key part of New Zealand’s legal infrastructure. Our work on this reference has led us to the clear conclusion that the current legislation underpinning trusts is unsatisfactory and in need of reform. For the following reasons, this Report recommends that a new Trusts Act should be introduced: . There is confusion in the community about the role of settlors, the duties...

7. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 455 KB]

   ...courts. 9 The Bill has been drafted to reflect the proposals in anticipation of your agreement to clarify the jurisdiction of the Tribunal. 10 Under Cabinet authorisation to take any detailed policy decisions that may arise during the drafting of the legislation [SWC-18-MIN-009 and CAB-18-MIN-0065], I have also made decisions regarding operational matters relating to the Tribunal. For example, other parties that may have liability in respect of the claim, such as builders, can be joined...

8. Canterbury Earthquakes Insurance Tribunal Bill: Approval for Introduction [pdf, 462 KB]

   ...courts. 9 The Bill has been drafted to reflect the proposals in anticipation of your agreement to clarify the jurisdiction of the Tribunal. 10 Under Cabinet authorisation to take any detailed policy decisions that may arise during the drafting of the legislation [SWC-18-MIN-009 and CAB-18-MIN-0065], I have also made decisions regarding operational matters relating to the Tribunal. For example, other parties that may have liability in respect of the claim, such as builders, can be joined...

9. [2020] NZSSAA 23 (20 November 2020) [pdf, 263 KB]

   ...common law method used by the Court in exercising its inherent jurisdiction, according to their materiality in the particular case. That accords with the basis on which 1 Takamore v Clarke [2012] NZSC 116, [2013] 2 NZLR 733 at [94]. http://www.legislation.govt.nz/act/public/1992/0076/latest/whole.html#DLM6090031 http://www.legislation.govt.nz/act/public/1992/0076/latest/whole.html#DLM6090031 http://www.legislation.govt.nz/act/public/1992/0076/latest/whole.html#DLM6090031 http://www.legi...

10. Child Protection (Child Sex Offender Government Agency Registration) Amendment Bill [pdf, 348 KB]

    ...Order of the House of Representatives – 2021 36. For these reasons, I consider that the Bill limits s 25(g) more than reasonably necessary to achieve the objective. Is the limit in due proportion to the importance of the objective? 37. The Legislation Advisory Committee Guidelines state that retrospective legislation may be appropriate where it is intended to address a matter that is essential to public safety.5 It is noted that the principal Act and the provisions in this B...