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1. 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...

2. 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...

3. BORA New Plymouth District Council (Waitara Lands) Bill [pdf, 131 KB]

   ...from discrimination 4. 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’). 5. The key questions determining whether legislation limits the freedom from discrimination are: 1 a. does the legislation draw a distinction on one of the prohibited grounds of discrimination under the Human Rights Act? b. if so, does the distinction involve disadvantage to o...

4. Review of the Search and Surveillance Act 2012

   ...the Act cover? The Act contains powers that enable government agencies to effectively monitor and enforce the law, and provides detailed rules as to how they should be exercised consistent with human rights values. There are over 80 different pieces of legislation that rely on powers under the Act for enforcement. Officials who exercise these powers (enforcement officers) include Police officers, animal welfare inspectors, fisheries inspectors, forestry officers, immigration officers, Inla...

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   3. Key initiatives archive

5. About the Employment Court

   ...of the Employment Court A specialist industrial relations court has existed in New Zealand since 1894. The Employment Court and its predecessors have their foundations in the Industrial Conciliation and Arbitration Act 1894. The introduction of this legislation dramatically changed the structure of trade unionism and altered the interaction between employees, employers and the state. Against the backdrop of low wages, unemployment, the arrival of trade unionism, New Zealand's first labour dispu...

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   1. Employment Court

6. Legal aid scheme review

   The Government has decided to undertake a review of the legal aid system in 2025. The Ministry of Justice has released a discussion document which is open for public submissions from 11 June to 1 August 2025. The objective of the review is to ensure the legal aid scheme is efficient and sustainable while also promoting access to justice.   What is legal aid? The legal aid scheme provides publicly funded legal advice and representation for people who require these services but could not

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   2. Key initiatives

7. Justice Sector Legal Aid forecast 2014 to 2019 [pdf, 644 KB]

   ...criminal courts. These trends are modified by changes in court process such as those introduced by the Criminal Procedure Act, which affected legal aid by changing the activities required to be undertaken by legal aid providers, and by changes in legislation, to provide the final forecast. Activity in the criminal court system is also a useful basis for forecasting demand for the Duty Lawyer and Police Detention Legal Assistance schemes. Fees for legal aid lawyers are adjusted fro...

8. [2007] NZEmpC WC 17/07 Finau & Ors v Southward Engineering Co Ltd [pdf, 66 KB]

   ...are not being asked to do the work of a striking employee but their own work and s97 does not apply. Otherwise, the requirements of s97(3) must be met. [27] Which of these alternatives is to be preferred must be determined by reference to the legislative purpose of s97 and the practical implications of each construction. [28] The legislative history shows that s97 as enacted was a compromise. In its original form, the Employment Relations Bill could have made all strike breaking...

9. BORA Citizenship Amendment Bill [pdf, 344 KB]

   ...have considered whether the Citizenship Amendment Bill (PCO 14163/3.10) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 23 September 2010. 2. In our view, the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. In reaching this conclusion, we considered potential issu...

10. Anti-Money Laundering and Countering Financing of Terrorism - Cabinet Paper 1 - June 2016 [pdf, 254 KB]

    ...In addition, the banking, securities, and trust and company service provider sectors (already covered by Phase I) have been somewhat critical of the fact that other sectors who are providing identical services are not yet required to comply with the legislation. The current market imbalance means there is a certain degree of competitive disadvantage for those reporting entities covered under Phase I. 17. Addressing these risks and market imbalances is necessary to enhance New Zealand�...