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1. FAQS

   ...This should consider the consistency of a proposal with Aotearoa New Zealand’s domestic human rights legislation and international human rights obligations, including: the Bill of Rights Act and the Human Rights Act 1993 (the Human Rights Act) the Privacy Act 2020 (the Privacy Act) core human rights treaties that New Zealand has ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This section of the paper should set out: whether and how the proposal promot...

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   3. The Bill of Rights Act

2. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...Tamaki College [2014] NZEmpC 153, [2014] ERNZ 332. the New Zealand Herald in this case are to be determined by a Judge. The test is the interests of justice, balancing considerations of open access to court proceedings, and interests of the privacy of persons and reputations. As was said by the High Court in Mafart v TVNZ Ltd: 3 [7] Public access to court files, both in respect of current and completed cases, must be considered in the context of contemporary values and...

3. BORA Marine Protection Legislation Bill [pdf, 313 KB]

   ...14. We consider that the demand for a breath or blood sample is a search for the purposes of s 21 of the Bill of Rights Act. The Court of Appeal has said that the “touchstone” of section 21 is the protection of reasonable expectations of privacy.[1] Expectations of privacy are not as great in the commercial world as they are in the domestic sphere.[2] It is an exercise in balancing legitimate state interests against any intrusions on individual interests. It requires weighing re...

4. 08042025-Immigration-Fiscal-Sustainability-and-System-Integrity-Amendment-Bill.pdf [pdf, 234 KB]

   ...Bill of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise. The right protects an amalgam of values including property, person freedom, privacy and dignity. The touchstone of this section is the protection of reasonable expectations of privacy, although it does not provide a general protection of personal privacy.10 24. Clause 23 amends section 277A by expanding the warrantl...

5. 20241210 Offshore Renewable Energy Bill [pdf, 204 KB]

   ...of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise. The right protects a number of values including personal property, dignity, and privacy. The touchstone of this section is the protection of reasonable expectations of privacy, although it does not provide a general protection of personal privacy.7 18. The Bill contains powers of entry for inspection, which constitute se...

6. 2.9 Tribunals

   ...www.nzlii.org/nz/cases/NZDispT/. Please note that the URL is case sensitive. Back to top Human Rights Review Tribunal The Human Rights Review Tribunal is a statutory body that hears and determines complaints that are unable to be resolved by the Human Rights Commissioner, Privacy Commissioner or Health and Disability Commissioner. Matters dealt with by the Tribunal include: discrimination, sexual harassment and racial discrimination under the Human Rights Act 1993 alleged infringements of the...

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   6. 2.0 Our court system

7. Strengthening the family justice system - PDF version [pdf, 2 MB]

   Strengthening the family justice system A consultation document released by the Independent Panel examining the 2014 family justice reforms January 2019 1 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in

8. Rec-Recap-2023-Q1-FINAL.pdf [pdf, 889 KB]

   ...other drugs, to have them checked and to ensure they follow these safe guidelines. Note: An order under section 74 of the Coroners Act 2006 prohibits the publication of photographs of Edgar taken by Police, in the interests of decency or personal privacy. Boreham [2023] NZCorC 2 (12 January 2023) CIRCUMSTANCES Manson Peter Boreham, aged 45, died on 22 August 2020 at Dunedin Hospital as a result of central nervous system depression following an overdose of etizolam taken for recrea...

9. AU v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 182 [pdf, 419 KB]

   NOTE: PUBLICATION OF NAME AND OCCUPATION OF APPELLANT PROHIBITED BY S 160 OF THE ACCIDENT COMPENSATION ACT 2001 SEE Minute 19 March 2024 at end of judgment IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 182 ACR 257/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AU Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 10 May 2023

10. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

    ...law. It may well be that, as part of assessing unfairness, a court would have regard to the fact that the information disclosed to the Commission had been originally disclosed to the PCA against a background of apparently guaranteed secrecy and privacy and this may well affect admissibility. BORA assessment 4. A number of BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to...