Search Results

1. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination. [1] 6. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Removal of graffiti can be viewed as a prima facie limit on the right to freedom of expression. Is this a justified limit under s 5 of the Bill of Rights Act? 7. Where a provision is foun...

2. BORA Legal Services Bill [pdf, 290 KB]

   ...other person’s resources counted as their own in an assessment of eligibility or their liability for repayments. Arguably, taking into account the resources of the young applicant’s parents may causes the type of disadvantage that section 19 protects against (being that arising from prejudice and negative stereotyping that perpetuates legal, social or political disadvantage faced by a marginalised group in our society), leading to a prima facie limit on s 19. 7. Even if the provisio...

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

   ...otherwise. 12. There are two limbs to the section 21 right. First, section 21 is applicable only in respect of those activities that constitute a "search or seizure". Second, where certain actions do constitute a search or seizure, section 21 protects only against those searches or seizures that are "unreasonable" in the circumstances. 13. Clause 36 of the Bill would grant the Registrar the power to: • require a person to produce for inspection relevant document...

4. BORA Vehicle Confiscation and Seizure Bill [pdf, 284 KB]

   ...the third party is being punished for the offending of another without charge or trial. The issue comes down to whether the seizure, confiscation, and possible sale or destruction, amount to a criminal penalty and so require the criminal procedure protections under s 25 of the Bill of Rights Act.[2] If the orders are civil in nature, no issue arises. 11. It is generally recognised that forfeiture regimes for the seizure or confiscation of property involved in offending are not crimina...

5. Interviewing clients [pdf, 139 KB]

   ...client is in custody, your first meeting may be immediately before the court appearance. When communicating with the client, try to use language they can understand – avoid using jargon and acronyms; explain legal concepts clearly. Take care that the interview is private, cannot be overheard and is not interrupted. Explain that your role is to give advice and their role is to tell you what you want them to do to help you. Tell the client that you will not discuss the cas...

6. Youth Justice Indicators Counting Rules and Limitations April 2018 [pdf, 262 KB]

   ...relatively small numbers and changes in the recording of ethnicity over time. YJI 1.6. Proportion of 10-13 and 14-16 year olds referred for a FGC who have previously been the subject of a report of concern to Oranga Tamariki relating to their care and protection Counting Rules Section 2(2) of the Children, Young Persons, and their Families Act 1989 states that jurisdiction for proceeding against a child or young person is based on the person’s age when they allegedly offended...

7. BORA Aquaculture Amendment Bill [pdf, 299 KB]

   ...proceedings between individuals. It is arguable whether new section 165BB relates to a determination or decision as applicants have only been able to make application, not have those applications considered. In any case, sections 27(2) and 27(3) protect procedural rights and do not preclude alterations to the substantive law. Accordingly, an affected party could still bring judicial review proceedings challenging decisions of local authorities. New section 165BB does not interfere...

8. Marshall v IDEA Services Ltd (Application for Interim Non-Publication Orders) [2019] NZHRRT 52 [pdf, 306 KB]

   ...2019) Whether IDEA Services breached HIPC: • Rule 6 • Rule 8 HRRT041/18 Amended statement of claim (15 February 2019) Whether IDEA Services breached the Code: • Right 4(1) (right to have health services provided with reasonable care and skill) • Right 4(2) (right to have health services provided that comply with legal, professional, ethical, and other relevant standards). THE APPLICATION FOR INTERIM NON-PUBLICATION ORDERS [3] By application dated 19 November...

9. BORA State Sector Amendment Bill (No.3) [pdf, 19 KB]

   ...remedies in individual cases substantially addresses the issue of natural justice. Conclusion 10. We consider that although the Bill does not appear to be inconsistent with the Bill of Rights Act, the procedures in the Bill could be strengthened to protect the interests of individual teachers. This might be done by an administrative or legislative requirement to advise teachers, at the time the Board of Trustees reports to the Commissioner the names of non-striking teacher, whether or...

10. BORA Railways Bill [pdf, 34 KB]

    ...unreasonable search and seizure. There are two limbs to the right. First, section 21 is applicable only in respect of those activities that constitute a search or a seizure . Second, where certain actions do constitute a search or seizure, [1] section 21 protects only against those searches or seizures that are unreasonable in the circumstances. 8. In assessing the substantive "reasonableness" of any power of search and seizure, the Ministry is of the view that section 5 of the...