Search Results

1. LCRO 35/2024 UX v RT (19 September 2024) [pdf, 265 KB]

   ...went off on a tangent. She expressed objection to the couple’s private information having been shared with the respondent’s lawyers. This exchange developed into a dispute between the applicant and the LCS about the LCS’s compliance with the Privacy Act 2020. [77] The LCS responded explaining the lawyers’ complaints process, including the effect of the consent to information disclosure the applicant had given when making her complaint, and the respondent’s right to legal repr...

2. Submissions summary: Independent Panel examining the 2014 family justice reforms (second consultation round) [pdf, 2.1 MB]

   ...important information for the Family Court. A few parents and whānau submitters (8%) suggested that all relevant information should be released to improve transparency. All, hospital records, police records, social media posts, child safety overrides privacy. Submitter All information, transparency is a key element. Counsellor Some submitters (22%) felt that it was important to speak with and seek information from people who know the children such as doctors, teachers and schoo...

3. BORA Border (Customs, Excise, and Tariff) Processing Bill [pdf, 318 KB]

   ...carry out their investigations. In particular, Officials from New Zealand Customs have advised that this power will help prevent goods or evidence of offending from being destroyed or lost. 10. We consider that despite the fact that expectations of privacy are lower in the context of people and goods crossing international borders,[1] there should still be appropriate safeguards in place to ensure that the right to be secure from unreasonable search is respected. New subsection (5) wi...

4. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...testifying in Court will tell the truth. 16. A further challenge to the same provisions of the Manitoba Evidence Act was considered in R v Robinson (2004) CanLII 31391 (MBP.C.) 23 January 2004. In that case, counsel for the accused argued that religious privacy was at stake. In other words, it was not the availability of swearing an oath on the Bible that was offensive per se, but rather, the fact that a witness was effectively required to reveal his or her conscience. 17. The Court in...

5. BORA - Homes and Communities Bill [pdf, 139 KB]

   ...require information for the purposes of that investigation.4 This constitutes a search. 20. The next question is whether the search power is reasonable. In assessing this, we have considered the place of the search, the degree of intrusiveness into privacy, and the reasons why it is necessary.5 21. The search power is exercised by written notice, rather than physical entry onto premises, and is limited to the purpose of the investigation, or detecting whether a person has commit...

6. Proactive Release - Electoral Amendment Regulations 2020 [pdf, 679 KB]

   ...7. The Amendment regulations comply with:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993  relevant international standards and obligations, and 1 75gtrikf9o 2020-07-02 13:51:13 RE LE AS ED B Y TH E M IN IS TE R OF JU ST IC E  the Legislation Guidelines (2018 edition), which are maintained by th...

7. Maritime Transport (MARPOL Annex VI) Amendment Bill [pdf, 135 KB]

   ...cannot logically be demonstrably justified in a free and democratic society.3 18. Whether a search will be reasonable turns on a number of factors, including the nature of the place or object being searched, the degree of intrusiveness into personal privacy and the rationale of the search.4 The greater the degree of intrusiveness, the greater the need for justification and attendant safeguards. 19. As outlined at paragraph 10 above, the new s 396A gives the Director the power to require...

8. Inspector General of Intelligence and Security: Position description [pdf, 50 KB]

   ...Government Communications Security Bureau • New Zealand Intelligence Community • Inspector-General’s Advisory Panel • Ministry of Justice • Department of the Prime Minister and Cabinet • Controller and Auditor-General • Ombudsmen • Privacy Commissioner • Human Rights Commission • Independent Police Conduct Authority • Counterpart oversight bodies in other countries Staff Responsibilities: The appointee will be expected to lead the Office of the Inspector- G...

9. Inspector General of Intelligence and Security PD [pdf, 50 KB]

   ...Government Communications Security Bureau • New Zealand Intelligence Community • Inspector-General’s Advisory Panel • Ministry of Justice • Department of the Prime Minister and Cabinet • Controller and Auditor-General • Ombudsmen • Privacy Commissioner • Human Rights Commission • Independent Police Conduct Authority • Counterpart oversight bodies in other countries Staff Responsibilities: The appointee will be expected to lead the Office of the Inspector- G...

10. Education and Training Amendment Bill (No 2) [pdf, 1.3 MB]

    ...seizure 6. Section 21 of the Bill of Rights Act affirms the right of everyone to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise. The right protects several values including personal privacy, dignity, and property.1 A request for information or documents constitutes a search for the purposes of s 21 of the Bill of Rights Act.2 7. Clause 57 amends the principal Act by inserting news 634A. This provision allows code administ...