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1. RIS - Updating the provisions in the Electoral Act 1993 for managing polling disruptions [pdf, 773 KB]

   ...broadly unchanged for the last century There have been significant changes in the electoral system and technology and communications as well as the types of events that could disrupt polling since the original provisions were put into the electoral legislation.5 It is timely to ensure that electoral systems can evolve and adapt to these changes. If no further action is taken, the Commission will continue to rely on the status quo for managing future polling disruptions. The cu...

2. [2021] NZACC 181 – Tonga v ACC (8 November 2021) [pdf, 308 KB]

   ...O'Neill v Accident Compensation Corporation [2008] NZACC 250. 16 See submissions of Mr Beck dated 25 November 2020 at paras [22] to [24]. [b] In relation to the issue of costs Mr Beck argues that the Court needed to interpret the current legislation (both the Act and the 2002 Regulations) in the context that the 2002 Regulations have been recently amended and that recent authorities such as McGuire favour a costs regime which allows for cost recovery “where legal wor...

3. OIA-119801.pdf [pdf, 4.9 MB]

   ...responding; as use of force to detain an alleged offender could quickly escalate a theft situation into violence. Human error/bias (racial profiling) could result in the wrong or innocent person(s) being identified. Consideration of Health and Safety Legislation: The clarification of the legislation and removal of the wording (around level of force used) may also increase health and safety obligations for employers of retail staff. There is lack of commentary around the impact of the Health...

4. Submissions Analysis of the Exposure Draft Amendment Bill for Phase 2 of the AML/CFT Reforms [pdf, 8 MB]

   ...Business Groups 13 Reliance on another business provisions 14 Existing customer due diligence 16 Simplified due diligence 17 General comments on customer due diligence 17 Streamlining the Ministerial exemption process 18 Other changes to the legislation 20 Information sharing 20 Supervision 21 Statutory review 22 Bringing existing regulations into the Act 22 Supporting implementation 23 Government agencies supporting implementation 23 Other areas for operational improv...

5. Committee on the Elimination of All Forms of Racial Discrimination – summary record 18th-20th reports [pdf, 148 KB]

   ...NGOs and UNHCR that the Bill would violate the State party’s obligations under the 1951 and 1967 Refugee Conventions. While commending the State party’s decision to resettle 150 refugees who were subject to Australia’s offshore processing legislation, he asked whether the Government would consider admitting them in addition to, as opposed to as part of, the State party’s refugee quota. He requested confirmation of reports that refugees or asylum seekers wishing to enter the...

6. Evidence Brief: Electronic monitoring for adult offenders [pdf, 353 KB]

   ...some Intensive Supervision sentences. Originally, EM could not be used as a condition of a sentence of Supervision or Intensive Supervision, release from a sentence of two years or less, or following a sentence of Home Detention. However, new legislation was passed in 2016 which removed legislative barriers to the use of EM among offenders released from a sentence of imprisonment of 2 years or less, and offenders sentenced to Intensive Supervisionxviii. WHEN IS ELECTRONIC...

7. COVID-19 (Vaccinations) Legislation Bill [pdf, 247 KB]

   LEGAL ADVICE LPA 01 01 24 23 November 2021 Hon David Parker, Attorney-General Consistency with the New Zealand Bill of Rights Act 1990: COVID-19 (Vaccinations) Legislation Bill Purpose 1. We have considered whether the COVID-19 (Vaccinations) Legislation 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. We have not yet received a final version of the Bill. This advice has been prepared in...

8. BORA Support for Children in Hardship Bill [pdf, 288 KB]

   ...Rights Act. In reaching that conclusion, we have considered the consistency of the Bill with s 19(1) – the right to freedom from discrimination. Our analysis is set out below. The Bill 3. The Bill amends various pieces of social assistance legislation as a package of reforms, specifically: • the Social Security Act 1964 the Education Act 1989 • the Income Tax Act 2007, and • the Taxation (Annual Rates and Budget Measures) Act 2011. 4. The purpose of the Bill is to help br...

9. BORA Tribunals Powers and Procedures Legislation Bill [pdf, 187 KB]

   21 June 2017 Attorney General Tribunals Powers and Procedures Legislation Bill (PCO 18392/8.0) – consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/220 1. We have examined the Tribunals Powers and Procedures Legislation Bill for consistency with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We have concluded that whilst the Bill raises some issues under the Bill of Rights Act, it is not inconsistent with that Act. 2. The Bill is...

10. BORA Marriage (Court Consent to Marriage of Minors) Amendment Bill [pdf, 209 KB]

    ...from discrimination 6. 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’). 7. The key questions determining whether legislation limits the freedom from discrimination are: 1 1 See, for example, Atkinson v Minister of Health and others [2010] NZHRRT 1; McAlister v Air New Zealand [2009] NZSC 78; and Child...