Search Results

1. Miao v Huo [2015] NZIACDT 90 (06 October 2015) [pdf, 68 KB]

   ...two grounds: [5.1] Allowing an unlicensed person to provide immigration advice breached the duties in clause 1 of the Licensed Immigration Advisers Code of Conduct 2014, including the duty of professionalism, and the duty to comply with immigration legislation. The relevant legislation is the prohibition on persons, other than licensed or exempt persons, providing immigration advice. [5.2] The failure to identify himself through the message service also breached the duties in clause 1...

2. BORA Statues Amendment Bill (No 2) [pdf, 209 KB]

   ...3. The Statutes Amendments Bill is an omnibus Bill comprising minor, technical and non- controversial amendments to various Acts. Acts considered by the Ministry of Justice 4. We have considered the proposed amendments to the following pieces of legislation, which are listed by reference to department administering the Act, and advise that they are consistent with the Bill of Rights Act: Ministry for Primary Industries • Animal Welfare Act 1999 • Biosecurity Act 1993 • Commodi...

3. [2011] NZEmpC 152 Blackmore v Honick Properties Ltd [pdf, 178 KB]

   ...days or even more, depending upon the circumstances (including the time of year, the whereabouts of the parties and the like), fulfil the employer’s statutory obligations. [65] After this Court’s judgment in Stokes Valley Pharmacy, Parliament legislated on the topic but did not do so in a way that affected the application of the judgment in that case. Employers have or ought to have been aware that trial periods must be agreed in writing before the affected employees begin work...

4. RIS Criminal Cases Review Commission [pdf, 497 KB]

   ...takes longer than expected to become operational. This may cause people to believe the CCRC is ineffective from its inception. The main causes of delay in getting the CCRC up and running are likely to be through the time required to draft and enact legislation, and the time needed to establish the CCRC (for example, getting Commissioners appointed, and staff trained, housed and ready to investigate cases). The Government can take steps to minimise the delay associated with the legisla...

5. The use of imprisonment in New Zealand [pdf, 1.1 MB]

   ...Contents Page Executive Summary……………………………………………………………………….7 1. Introduction……………………………………………………………………………15 2. Legislative Framework for Use of Imprisonment………………………………21 3. Profile of New Zealand’s Prison Population and Trends……………………..25 4. Costs………………………………………………�...

6. BORA Statutes Amendment Bill (No 2) - justice items [pdf, 212 KB]

   ...Law Office have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Acts considered by the Ministry of Justice 4. We have considered the proposed amendments to the following pieces of legislation and advise that they appear to be consistent with the Bill of Rights Act: • Accident Compensation Act 2001 • Charities Act 2005 • Children, Young Persons, and Their Families Act 1989 • Commodity Levies Act 1990 • Commu...

7. Government Response to declarations of inconsistency by the Human Rights Review Tribunal [pdf, 18 KB]

   ...the Adoption Act in a way that reflects modern legal and social contexts, and that, in practice, results in rights-consistent application. 8. The Government continues to have an ambitious justice legislative programme. Reviewing family violence legislation, work progressing on a new Trusts Act and privacy law reform, as well as modernising Courts and Tribunals all contribute to the significant work load for the Government. To undertake reform of the Adoption Act would require signifi...

8. BORA Mauao Historic Reserve Vesting Bill [pdf, 275 KB]

   ...1. We have considered the Mauao Historic Reserve Vesting Bill (the ‘Bill’) (PCO 8259/6), for consistency with the New Zealand Bill of Rights Act 1990 (the ‘Bill of Rights Act’). We understand that this Bill will be considered by the Cabinet Legislation Committee at its meeting on 7 November 2007. 2. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. In coming to this conclusion we considered whether an issue with section 19(1) (freedom from disc...

9. Government Response to the Justice and Electoral Committee Report on 2014/11 Petition of Hillary Kieft and 6 others [pdf, 200 KB]

   ...carefully considered the report by the Justice and Electoral Committee on Petition 2014/11 of Hillary Kieft and 6 others. The Government responds to the report in accordance with Standing Order 252. The petitioner requested “That the Parliament pass legislation providing that a parent of a woman under the age of 16 years has the right to know if that woman has a pregnancy confirmed before she is referred for any resulting medical procedure, and that any consent sought for the medical p...

10. Tuiono – Joanna Davis (2013) 58 Taitokerau MB 269 (58 TTK 269) [pdf, 72 KB]

    ...the 2005 amendment affects Joanna Davis’ pre-existing life interest. 58 Taitokerau MB 272 [Type text] [8] In my view, the 2005 amendment does not affect Joanna Davis’ life interest. That is because at law there is a presumption against legislation having retrospective effect. That was the position at common law and is today reflected in ss 6 and 7 of the Interpretation Act 1999, which provide: 6 Enactments to apply to circumstances as they arise An enactment applies to...