Search Results

1. [2019] NZEnvC 076 Minister for Children v Auckland Council [pdf, 809 KB]

   ...[ TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 7 0 of the Resource Management Act 1991 of a direct referral of a notice of requirement by the Minister for Children to alter designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan NiINISTER FOR CHILDREN Applicant (ENV-2019-AKL-000007) AUCKLAND COUNCIL Regulatory Authority Court: Principal Environment Judge L J Newhook sitting...

2. BORA Student Loan Scheme Amendment Bill [pdf, 360 KB]

   ...section 21 of the Bill of Rights Act, which provides the right to be secure against unreasonable search and seizure. In our opinion, the search powers accorded to the Commissioner are reasonable in terms of section 21. The Bill provides the following protections on the use of the search power: • the Commissioner may only search information relating to pre-selected borrowers; • the Commissioner must not search for information other than arrival and departure information, and must not...

3. BORA Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill [pdf, 188 KB]

   ...or inability to perform the functions of office. In this context, paragraph (e) could confer a power to remove a member who is subject to an order under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or an interim order under the Protection of Personal and Property Rights Act 1988, even if the member is in fact able to perform the functions of office. Paragraph (e) therefore appears to be inconsistent with the right to be free from discrimination on the ground of disabi...

4. BORA Sale of Liquor Amendment Bill (No. 2) [pdf, 13 KB]

   ...provisions a "patient" within the meaning of paragraph (b) or paragraph (c) of the definition of "patient" in the Mental Health (Compulsory Assessment and Treatment) Act 1992, and any person who is the subject of an order under the Protection of Personal and Property Rights Act 1988 ("PPPRA"), are not capable of being elected, or of holding office, as a trustee of a community trust. While the effect of these disabling provisions is to treat mental health pati...

5. BORA Sports Anti-Doping Bill [pdf, 278 KB]

   ...that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Wednesday, 27 July 2005. 2. The Bill seeks to give effect to the World Anti-Doping Code in New Zealand in order to achieve the Code's purposes of: • protecting athletes' fundamental right to participate in doping-free sport and in this way promote health, fairness and equality for athletes throughout the world; and • ensuring harmonised, coordinated and effective anti-doping programmes...

6. BORA Taxation (Base Maintenance and Miscellaneous Provisions) Bill [pdf, 86 KB]

   ...available for business environmental expenditure; • revise the generic rules about tax treatment of transfers of assets following a taxpayer’s death; • enable disclosure of pertinent information for purposes of Parental Leave and Employment Protection Act 1987; and • clarify the non-disclosure right for tax advice. Some of these amendments have retrospective effect. However, any retrospectivity is benign in effect. 4. In accordance with your instructions, we attach a copy...

7. A new Family Violence Act [pdf, 120 KB]

   ...and Whānau Violence Legislation Bill (the Bill) lays the foundation for the transformation of the family violence system. The Bill promotes consistent, collaborative responses to people experiencing family violence, improves civil orders to protect victims and recognises the dynamic of family violence in the criminal justice systems. A new Family Violence Act The Domestic Violence Act 1995 has been amended many times since its enactment over 20 years ago. Rather than continue...

8. BORA Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill [pdf, 191 KB]

   ...scheduled for Wednesday, 2 June 2010. 2. The Bill proposes a levy on visitors to Stewart Island/Rakiura to meet the infrastructure costs attributable to visitors. 3. We have considered whether the Bill infringes the right to freedom of movement protected in s 18(1) of the Bill of Rights Act. In our opinion the charge of a levy to visit Stewart Island/Rakiura does not raise a prima facie issue of inconsistency with s 18(1). 4. The Bill empowers the Southland District Council to pass...

9. [2019] NZEmpC 16 Moody v Chamberlain [pdf, 256 KB]

   ...litigation guardian] Introduction [1] There are two separate but related proceedings before the Court (EMPC 281/2018 and EMPC 368/2018). Declarations are sought in each regarding the status of “employer” in the context of the Funded Family Care Operational Policy. The policy was adopted under s 70D of the New Zealand Public Health and Disability Act 2000 and the Funded Family Care Notice 2013, issued under s 88 of that Act. [2] Mr Dale QC, counsel for the plaintiffs,...

10. BORA Taxation (Transformation: First Phase Simplification and Other Measures) Bill [pdf, 188 KB]

    ...government services by providing that Inland Revenue employees are deemed to have not broken the law if they inadvertently disclose tax-secret information to a co-located employee of another government agency who has signed a secrecy certificate e. Protect minors incorrectly enrolled in KiwiSaver by providing processes for them to exit the KiwiSaver scheme and have their contributions returned to them. 3. We have concluded that the Bill appears to be consistent with the rights and freedo...