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1. AC v Secretary for Justice 20 March 2012 NZRA 000003 [pdf, 99 KB]

   ...not employ staff solicitors. [5] The applicant has been a practising solicitor for approximately 22 years and has, it appears, since 2001 held approvals under the Legal Services Act 2000. She was at the time of her application under the present legislation an approved provider and was engaged in 21 legal aid assignments in the Family Court and three in the civil jurisdiction of the District Court. [6] Between 2000 and 2006 the applicant was the subject of 10 complaints made to th...

2. BORA-Vet-advice_-SIGNED-with-coda-Firearms-Prohibition-Order-Legislation-Amendment-Bill-Consistency-to-NZBORA-15-February-2024-for-publication.pdf [pdf, 5 MB]

   .. Te Tari Ture "?. o te Karauna 1 ( Crown Law 15 February 2024 Attorney-General Advice on the consistency of the Firearms Prohibition Order Legislation Amendment Bill with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/399 Summary 1. This briefing provides our view that the Firearms Prohibition Order Legislation Amendment Bill (PCO 26013/5.0) (the Bill) as currently drafted is inconsistent with the New Zealand Bill of Rights Act 1990 in one respect. 2. Specific...

3. OIA-119742.pdf [pdf, 2.7 MB]

   ...jurisdictions (include comparison with UK and Australia) In summary we are looking at a particular issue with the tools available for local government bylaw enforcement following a Regulations Review Committee inquiry. Resolving that issue is likely to require legislation changes. More details below for those who are interested. Regulations Review Committee Inquiry into Bylaws The RRC completed an inquiry into bylaws between August 2022 and August 2023, reporting to the House in September 202...

4. Government response to Law Commission report on modernising NZ's extradition and mutual assistance laws [pdf, 13 KB]

   ...CO (09) 1. Government Response The Government wishes to thank the Law Commission for the Report and for its work throughout its comprehensive review of this area of law. The Government agrees with the Law Commission’s conclusion that new legislation to replace the Extradition Act 1999 and the Mutual Assistance in Criminal Matters Act 1992 should be considered for enactment. The Government accepts the recommendations to consider enactment of the Extradition Bill and the Mutual...

5. Guardians Ministerial Exemption [pdf, 63 KB]

   ...affecting the exemption occurs. The exemption with this condition is granted because, on balance, Guardians presents a low risk of money laundering or terrorism financing (“ML/TF”), as set out below: a. Guardians is a Crown entity. It has governing legislation and is subject to a range of oversight and accountability legislation, including the Crown Entities Act 2004, the Official Information Act 1982, the Public Audit Act 2001, and the Public Records Act 2005. b. Guardians can onl...

6. Waitangi Tribunal - Report on the Māori Community Development Act Claim [pdf, 3.2 MB]

   ...tangata 210 4 4 2 The NZMC drafts the Māori affairs Bill, 1980–83 211 (1) Discussion Paper on future Māori Development and Legislation 1980 212 Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz viii Contents (2) kaupapa 1983...

7. BORA Ombudsmen (Protection of Name) Amendment Bill [pdf, 152 KB]

   ...ban on the use of the name would be “contrary to the New Zealand Bill of Rights Act 1990 (the right to freedom of expression)”3 – although in the context of that case it was not necessary for the Court to determine whether a complete ban, if legislated for, might be justified as a reasonable limit under s 5 of the Bill of Rights Act. Is the limitation justified and proportionate under s 5 of the Bill of Rights Act? 12. Limitations on rights and freedoms may still be consistent wit...

8. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

   ...objective? 8. There may be circumstances where ensuring that the name of a credit union is not identical, misleading, offensive, or in contravention of any other enactment is sufficiently important to justify some limit on freedom of expression. Existing legislation already provides such limits in comparable circumstances. 3 The Registrar’s ability to change the names of credit unions that they consider are in contravention of new s 103(2) is rationally connected with that objectiv...

9. BORA Resource Management Amendment Bill Vet [pdf, 215 KB]

   ...(freedom from discrimination), s 21 (freedom from unreasonable search and seizure) and s 27(2) (right to judicial review). Our analysis is set out below. The Bill 4. The Bill principally amends the Resource Management Act 1991 (RMA) and the Resource Legislation Amendment Act 2017 (RLAA), with the overarching objectives of reducing complexity, increasing certainty, restoring public participation opportunities and improving RMA processes. The Bill also aims to improve freshwater managem...

10. [2021] NZACC 141 – LM v ACC (20 September 2021) [pdf, 170 KB]

    ...that she should receive her entitlements under the 1982 Act. The District Court Decision [10] The appeal hearing by consent, proceeded on the papers following the August 2020 lockdown. The primary issue turns on the wording of the relevant legislation and in particular, the transitional provisions of the legislation given that both the 1982 Act and the 1992 Act have been repealed. Although ACR 191/18 deals with the treatment of whether the letter of 30 January 2018 was a “new...