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...21) 77. 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 a number of values including personal privacy, dignity, and property.18 18 See, for example, Hamed v R [2012] 2 NZLR 305 at [161] per Blanchard J. 78. There are several provisions of the Bill that provide for the searching or sc...
...Stenhouse. She challenged the whole of the Authority’s determination and added 3 At [58]–[59]. 4 At [36]–[38]. 5 At [76]. 6 At [78]–[79]. a claim to those described by the Authority, that Towman had breached her right to privacy.7 [13] Ms Stenhouse claimed as relief: (a) Payment of lost income of $1,407.20.8 (b) Lost child support payments as a result of the grievance of $229.80.9 (c) “Payment for lost income” for Working for Families payments lost...
...disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings against the licensee by the client; or (c) the licensee is required by law to disclose the information; or (d) the disclosure is consistent with the information privacy principles set out in section 22 of the Privacy Act 2020. ... [31] The Committee is required to prove the charge against Ms Sun on the balance of probabilities.1 [32] We turn now to consider each of the particulars relatin...
...contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 18.4 the disclosure statement requirements A disclosure statement prepared by the Ministry of Justice is attached; 18.5 the principles and guidelines set out in the Privacy Act 2020; 18.6 relevant international standards and obligations; 18.7 the Legislation Guidelines (2021 edition), which are maintained by the Legislation Design and Advisory Committee. 19 The changes the Bill makes clarify the i...
...necessary to investigate his allegations; (b) he did not have access to the evidence supporting his allegations because it comprised part of an active Family Court file and obtaining it would require leave of the Family Court, with consideration of privacy and publication restrictions; (c) he was advised by the LCS that he should not provide any of the Family Court file and that the LCS would be in contact to request any further information the Committee required; (d) the Committee...
...failed to comply with that request.5 The letter requested that the RBNZ provide an undertaking that it had provided all relevant information and made what it acknowledged was an expansive request under s 4(1A) of the Act and principle 6 of the Privacy Act 2020.6 Specifically, it requested information regarding Mr McCormack that was produced or otherwise sent or received, involving a number of the RBNZ individuals. Mr McCormack made further requests for information from the RBNZ p...
...agency, • section 6(c), as the release of this information would likely prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial, • section 9(2)(a) to protect the privacy of natural persons, and • section 9(2)(f)(iv) to maintain the constitutional conventions that protect confidentiality of advice tendered by Ministers and officials. In withholding information under section 9 of the Act, I hav...
...living in social housing, unemployed people, Pacific peoples and Māori. S9(2)(f)(iv) S9(2)(f) (iv) S9(2)(f)(iv) S9(2)(f)(iv) 11 Human Rights 50 I consider the proposals in this paper do not engage the Human Rights Act 1993, the Privacy Act 2020, or international treaty obligations. The proposals are consistent with NZBORA rights to a fair trial and to natural justice12. These rights are supported and safeguarded by the ability of judicial officers to depart from default...
Recommendations recap A summary of coronial recommendations and comments made between 1 October–31 March 2013 Issue 5 Published by the Ministry of Justice ISSN 2253-5152 Disclaimer This publication has been produced by the research counsel of the Office of the Chief Coroner. The best effort has been made to accurately summarise the circumstances, findings and recommendations made by the coroner in each case – despite this, these are not exact replications of coronial findings. T
...height could span 66% of the length of a yard fence elevation in a manner that resulted in the majority of the yard activity being screened from practical view from outside (should a syndicate desire signage as a means of providing more in-yard privacy). Such an outcome would still have open gaps around the balance of the sign and would still be distinct from a solid wall, but not significantly so. b. If a not “materially different” solution to that allowed for closer to 40% s...