Search Results

1. MLC - 2011 May - Māori land today [pdf, 311 KB]

   ...databases with addresses of Māori land owners. This information in my view should be brought together and made available to the Māori Land Court, and then to an owner who wishes to develop his land and needs to notify owners. Clearly there will be privacy issues but I believe these can be managed in the appropriate manner if enough vision and thought is given to this issue. If this is achieved it will go a long way to resolving many of the problems land owners have in setting up gove...

2. GT v TJ LCRO 10 / 2011 (20 January 2012) [pdf, 57 KB]

   ...relevant rule applying to each complaint the Committee decided that it would take no further action pursuant to s.152(2)(c) of the Lawyers and Conveyancers Act 2006. It also determined that its findings should not be published, thereby protecting the privacy of both parties. [11] The Standards Committee provided a lengthy and detailed decision in which it provided comprehensive reasons for not upholding the complaints. The Committee noted that the firm had not acted for the Appli...

3. Wiping historical homosexual offences application form [docx, 146 KB]

   ...otherwise required by law, information relating to this application will be treated as strictly confidential and will not be disclosed to others. · Information held in connection with this application is subject to the Official Information Act 1982 and the Privacy Act 1993. · The information provided in and with this form will be held by the Ministry of Justice. · The information will be used for the purpose of assessing and determining an application for expungement under the Criminal Reco...

4. BORA Financial Service Providers (Registration and Dispute Resolution) Bill [pdf, 308 KB]

   ...negligent or fraudulent financial services. 15. In reaching the conclusion that clause 36 is consistent with section 21, we also note that the ability to require the production of documents is less of an intrusion into a person’s expectation of privacy than a power of entry.[5] CONCLUSION 16. Overall, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager, Bill...

5. BORA Inquiries Bill [pdf, 305 KB]

   ...these criteria indicate the purpose of restricting access: • the need for the inquiry to ascertain the facts properly; • the extent to which public proceedings may prejudice the security, defence, or economic interests of New Zealand; • the privacy interests of any individual; and • the administration of justice, including any person’s right to a fair trial, The powers to compel information are fundamental to the fact-finding nature of inquiries. Inquiries are inquisitori...

6. Gravatt v Bulmer (Costs) [2014] NZHRRT 42 [pdf, 44 KB]

   ...whether or not it makes any other order, or may award costs against the plaintiff, or may decline to award costs against either party. (3) … [7] This provision is materially the same as s 92L of the Human Rights Act 1993 and s 85(2) of the Privacy Act 1993. The Tribunal’s approach to costs across all three jurisdictions has not differed and for that reason we draw in this decision on case law pertaining to all three statutes. [8] In Herron v Spiers Group Ltd (2008) 8 HRNZ 669...

7. Proactive release – District Court (District Court Judges) Amendment Bill: Approval for Introduction [pdf, 953 KB]

   ...freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 9.3. the disclosure statement requirements (the disclosure statement is attached to this paper); 9.4. the principles and guidelines set out in the Privacy Act 1993; 9.5. relevant international standards and obligations; 9.6. the Legislation Guidelines (2018 edition) maintained by the Legislation Design and Advisory Committee. Consultation 10. The Treasury and the Chief District Cour...

8. [2018] NZSSAA 22 (7 May 2018) [pdf, 215 KB]

   ...allowed access to his medical records, given the unsatisfactory way his medical issues have been evaluated to date. We do of course recognise that the Ministry will need to access medical information; however, that does not preclude legitimate privacy expectations that may limit who sees the information. [19] We find the Ministry’s response is not calculated to resolve issues in a satisfactory or cost-effective manner, and will likely lead to ongoing costly disputes. Next Step...

9. Māori Purposes Bill [pdf, 198 KB]

   ...the Bill constitutes a search for the purposes of s 21 of the Bill of Rights Act.2 18. The next question is whether this search power is reasonable. In assessing this, we have considered the place of the search, the degree of intrusiveness into privacy, and reasons why it is necessary.3 19. We consider that the search powers in reg 19 of the Bill appear to be for legitimate and appropriate purposes and are therefore reasonable in terms of s 21 of the Bill of Rights Act. As we have al...

10. [2021] NZEnvC 100 Southland District Council v Peter Donald Chartres [pdf, 205 KB]

    ...to seek, receive and impart information.12 [9] When considering requests for access to documents that are not part of the formal court records, there is a need to strike the correct balance between providing for open justice and protecting the privacy interest of parties. I am satisfied that disclosure of the requested documents will provide context to the background of the existing enforcement orders to assist Mr Brailsford’s research. [10] In coming to my decision, I have giv...