Search Results

1. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

   ...the Bill of Rights Act affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights, Article 19(3) of which expressly states that the right to freedom of expression may be subject to limitations necessary for the protection of public health. In addition, we again note that limits on commercial expression are more readily justifiable than other forms of expression. Rational connection 11.We consider that the limit on the right to freedom of expression...

2. BORA Overseas Investment Bill [pdf, 174 KB]

   ...is not admissible in evidence in any proceeding under the Bill except for proceedings under clause 46 (offence of making false or misleading statements). 9. These provisions raise issues under section 14 of the Bill of Rights Act. Section 14 protects freedom of expression, which includes the right to say nothing. We have considered whether these provisions can be justified in terms of section 5 of the Bill of Rights Act. 3 10. The objective of these provisions is to prom...

3. Ihe - Tarewa East 1A (2008) 326 Rotorua MB 45 (326 ROT 45) [pdf, 206 KB]

   ...introduction by the legislature, of a first right of refusal, strikes a balance between land-owner control or tino rangatiratanga on the one hand and hapu interest in a collective taonga tuku iho on the other.. . in our view the removal of that protection should only be a110vied where the application is in some material way outside the ordinary lUn of cases. That must be so, because to adopt any other approach would be to undermine the very careful balance between owners and the \vi...

4. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

   ...to consider the meaning of vexatious and concluded that “in a legal context the word ‘vexatious’ has come to mean ‘not having sufficient grounds’”. In that case his honour was considering whether a certain application in respect of care and protection proceedings in relation to a child should be struck out as “frivolous or vexatious or an abuse of the procedure of the Court”. His honour also observed that a high threshold must be reached before making such a 3 fi...

5. Notes from Crown Maori Relations hui in Whangarei 8 April 2018 [pdf, 407 KB]

   ...would benefit from greater involvement of Māori (e.g. Māori guides at each centre). • Fishing industry – the tuna industry in the North has a lot of potential – it could be huge. • Health – Marae should be empowered and funded to take care of unwell people (particularly people with mental health issues). The only way government and Māori will resolve issues facing Māori is to sit down and talk with each other. Improving the mental health of Māori should be high on the...

6. Political Lobbying Project: Feedback Summary [pdf, 115 KB]

   ...9.2: Rewording of “Balance client advocacy with respect for public interest” to take account of: 24.2.1. the hypothetical position of lawyers, where the proposal would sit uncomfortably with Chapter 6 of the Rules of Conduct and Client Care. A lawyer must protect and promote the interests of the client to the exclusion of the interests of third parties, and must not act for more than one client on any matter 24.2.2. the inherent assumption that a discernible and independent...

7. BORA Inquiries Bill [pdf, 305 KB]

   ...to be consistent with the Bill of Rights Act. Summary of the Bill The Bill provides for three forms of inquiry: “Royal commissions”, “public inquiries” and “government inquiries.” The different forms would enjoy similar powers and protections but differ in their manner of appointment and reporting. The Bill aims to reform and modernise the legal framework relating to inquiries so inquiries are more flexible, effective and efficient. The Bill sets out the powers of an...

8. [2021] NZEnvC 097 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 2.4 MB]

   ...Environment Judge L J Newhook Hearing: Appearances: At Auckland on 8 July 2021 J Gardner-Hopkins for Applicant V Morrison-Shaw and L Ford for Respondent M Allan and R Smith for Auckland Council under s 274 P Anderson for Royal Forest & Bird Protection Society Inc. under s 274 Date of Decision: 9 July 2021 Date of Issue: 9 July 2021 DECISION OF THE ENVIRONMENT COURT MAKING DECLARATION A: Declaration made about meaning of Condition 24A of the resource consent in decision...

9. BORA Judicial Matters Bill [pdf, 309 KB]

   ...removal in order to provide relevant information to Parliament or the Attorney-General when considering such questions. When necessary, this process is to be carried out by the Judicial Conduct Panel. • Provide for all Judges to be accorded the same protection of absolute personal immunity from suit as Court of Appeal and High Court Judges. • Provide for the Attorney-General, with the agreement of the relevant Chief or Principal Judge, to allow Judges to sit on a part-time basis....

10. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

    ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the 5 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [2018] NZEmpC 10 at [19]-[21]. 6 At [19]. 7 Employment Court R...