Search Results

1. BORA Courts and Criminal Matters Bill [pdf, 31 KB]

   ...141AE amount to justified limits on s 27(3) BORA. 8. In my view, the proposed exclusion of liability in those clauses is a justified limit on s 27(3) in terms of s 5 BORA: 8.1 The "no liability" clauses would only be interpreted as protecting the Crown, where the impugned conduct was not done in bad faith: Simpson v Attorney-General [Baigent's case] [1994] 3 NZLR 667 (CA); 8.2 The "no liability" clauses will only operate where the person is in serious defau...

2. BORA Statutes Amendment Bill (No 2) - justice items [pdf, 212 KB]

   ...of legislation, which are either administered by the Ministry of Justice or affect legislation administered, or powers and functions performed, by the Ministry: • Bail Act 2000 • Harassment Act 1997 • Oaths and Declarations Act 1957 • Protection of Personal and Property Rights Act 1988 • Sale and Supply of Alcohol Act 2012 • Sentencing Act 2002 • Victims’ Orders Against Violent Offenders Act 2014 6. Crown Law considers that, apart from the two exceptions considered f...

3. BORA Ngati Mutunga Claims Settlement Bill [pdf, 356 KB]

   ...4. The clauses in the Bill ousting the jurisdiction of courts and the Tribunal (clauses 15 and 16) raise an issue about compliance with s 27(2) of the Bill of Rights. That section provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 5. Section 27(2) applies to a determ...

4. CAC 10036 v Hume - Penalty Decision [2012] NZREADT 29 [pdf, 88 KB]

   ...decision dated 7 December 2011. In this decision Mr Hume was found guilty of unsatisfactory conduct on two of the charges that he faced. [2] The principles of sentencing are: A penalty must fulfil the following functions. They are: a) Protecting the public Section 3 of the Real Estate Agents Act provides that this is one of the purposes of the Act. b) Maintenance of professional standards This was emphasised in Taylor v The General Medical Council1 and Dentice v...

5. BORA Education (Vocational Education and Training Reform) Amendment Bill [pdf, 255 KB]

   ...Workforce development councils and the Institute are also carrying out public functions of significant social importance. The provision of operational information in specified contexts is necessary to ensure effective oversight of the bodies and to protect the interests of students. 7. The limitations on the freedom of expression are proportionate and go no further than reasonably necessary to achieve their purpose. The instances in which information can be requested or required are g...

6. BORA Statues Amendment Bill (No 2) [pdf, 209 KB]

   ...Act 1999 • Biosecurity Act 1993 • Commodity Levies Act 1990 • Forests Act 1949 • National Animal Identification and Tracing Act 2012 • Pork Industry Board Act 1997 Ministry of Foreign Affairs and Trade • Antarctica (Environmental Protection) Act 1994 • Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 Department of Internal Affairs • Births, Deaths, Marriages, and Relationships Registration Act 1995 Ministry of Business, Innovation, and Employment...

7. BORA Building (Pools) Amendment Bill [pdf, 292 KB]

   ...Act provides the right to be secure against unreasonable search and seizure. Section 21 has two limbs. First, it only applies to activities that constitute a “search or seizure”. Where actions do constitute a search or seizure, section 21 only protects against such searches and seizures which are “unreasonable” in the circumstances. 5. Clause 12 of the Bill inserts section 222A into the principal Act which requires all territorial authorities to carry out 5 yearly inspections on...

8. 2022-03-22 Summary of Evidence of Jana Davis on behalf of the ORC, Kāi Tahu ki Otago and Ngāi Tahu ki Murihiku - 21 March 2022 [pdf, 111 KB]

   ...Ko Bill Davis tōku Poua – te upoko o Ōraka-Aparima Ko Jane Davis tōku Taua Ko Rewi Davis tōku Papa Ko Jana Davis tōku ikoa Tēnā koutou katoa I wish to give special acknowledgement to the Environment Court and those undertaking the careful consideration of the proceedings which will affect our waters, our land and our children after us and note the importance of the duties entrusted in you to come to the agreed outcomes of today. He taura whiri kotahi mai ano te kopuk...

9. BORA Health Practitioners (Replacement of Statutory References to Medical Practitioners) Bill [pdf, 207 KB]

   ...• Mental Health (Compulsory Assessment and Treatment) Act 1992 • Misuse of Drugs Act 1975 Consistency with the Bill of Rights Act Section 21 – Security against unreasonable search and seizure 6. Section 21 of the Bill of Rights Act protects against unreasonable search and seizure. There are two limits to the section 21 right. Section 21 is applicable only in respect of those activities that constitute a "search or seizure", and protects only against those search...

10. BORA Members of Parliament (Pecuniary Interests) Bill [pdf, 93 KB]

    ...unreasonable search and seizure. In our opinion, the search and seizure powers accorded to the Auditor-General are reasonable in terms of section 21, particularly in light of the objectives of the Bill. The Public Audit also provides the following protections: (a) the circumstances in which the Auditor-General’s search and seizure powers may be invoked are limited to the exercise of his or her functions, duties or powers under the Bill; (b) the powers conferred on the Auditor...