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1. BORA Subantarctic Islands Marine Reserves Bill [pdf, 186 KB]

   ...of the Marine Reserves Act 1971 will apply to the three marine reserves created by the Bill. 4. The Bill also provides for a review of the Moutere Ihukupu / Campbell Island Marine Reserve five years after the commencement of the Bill to consider protecting the remainder of the Campbell Island territorial sea by including it in the marine reserve. 5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act. This advice has...

2. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Bill [pdf, 191 KB]

   ...activities involving structures in the EEZ Act. Unlike other transitional provisions in the EEZ Act, section 162 does not currently allow operators to continue their activities while a marine consent application is being considered by the Environmental Protection Authority or while any appeals are determined. The amendment will allow existing petroleum mining operators to continue their operations until their applications for marine consents are determined. 3. We have concluded that the...

3. BORA Crimes (Provocation Repeal) Amendment Bill [pdf, 184 KB]

   ...of provocation for murder. 3. The Bill does not raise any apparent inconsistency with the Bill of Rights Act. The repeal of the provocation defence to murder is a substantive change to the criminal law, but does not by itself contravene any of the protections in the Bill of Rights Act. 4. In particular, the Bill does not purport to apply to offences committed prior to its commencement. The Bill will therefore be interpreted in accordance with common law principles and with s 25(g) and s...

4. BORA Education (Establishment of Universities of Technology) Amendment Bill [pdf, 201 KB]

   ...Ministry understands that the next Members' Day is scheduled for 13 December 206. 2. The purpose of the Bill is to provide for the establishment of a new category of institution (university of technology) under the Education Act and provide for the protection of that term. The Bill: • Amends the definition of 'institution' in section 159 of the Education Act 1989 to include 'university of technology'; • Sets out the characteristics of universities of techn...

5. BORA New Zealand Bill of Rights (Private Property Rights) Amendment Bill [pdf, 188 KB]

   ...New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). It is our understanding that the next Member’s day is scheduled for Wednesday, 4 May 2005. 2. The Bill proposes to amend the New Zealand Bill of Rights Act 1990 to provide protection for private property rights. The amendment has two limbs. First, it provides for the right to own property. Secondly, a person must not be deprived of the use or enjoyment of his or her property without just compensation. 3. We cons...

6. BORA Unit Titles Bill [pdf, 207 KB]

   ...owners; and o to create bodies corporate, which comprise all unit owners in a development, to operate and manage unit title developments; and o to establish a flexible and responsive regime for the governance of unit title developments; and o to protect the integrity of the development as a whole. 3. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice...

7. LP v NB LCRO 114/2012 (19 December 2014) [pdf, 98 KB]

   ...application by NB for review of the determination of the Standards Committee under number 3298, issued on 11 May 2012, in relation to the applicability or otherwise of Rules 3.4 and 3.7 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, and this Par.3.2 is evidence of same. [12] Applying the provisions of s 200 of the Lawyers and Conveyancers Act 2006 (which directs the LCRO to conduct any review “with as little formality and technicality… as is per...

8. Tangitau v Hakaoro [2015] NZIACDT 27 (17 March 2015) [pdf, 85 KB]

   ...to address the concerns and failed to do so. Mr Hakaoro did not inform the complainant of the difficulties, or that Immigration New Zealand declined her application. [5.6] On 10 September 2012, Mr Hakaoro lodged an appeal with the Immigration and Protection Tribunal; he had no instructions to do so, and did not discuss the issue with the complainant. [5.7] On 27 May 2013, this Tribunal cancelled Mr Hakaoro’s licence, the appeal with the Immigration and Protection Tribunal was still c...

9. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...car, depreciation for car, and the Tribunal filing fee. 3. The issues to be determined are as follows: a. Was UJ LTD negligent in pouring the concrete so that it splashed into an adjacent property? b. Was NB contributorily negligent by not protecting his car within his property? c. Are the costs claimed reasonable to put NB back in the position he would have been had the damage not occurred? Was UJ LTD negligent in pouring the concrete so that it splashed into an adjacent proper...

10. Legal Aid Family Proceedings Steps [pdf, 632 KB]

    ...Persons and their Families Act 1989 Step 1: Application for Declaration and/or other CYPF Act Order (filed by Child, Youth and Family) Activity Guideline Hours Tasks normally covered by Guideline Hours Declarations and/or other CYPF Act order(s) (Care and Protection orders) up to 8 hours For • Taking instructions, attending client • Identifying legal and factual issues • Preparing application for legal aid • Preparing application for interim/final declaration (...