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1. Supplementary-Analysis-Report-Incitement-of-Hatred-Amending-the-Human-Rights-Act-1993-to-include-ground-of-religious-belief.pdf [pdf, 1.8 MB]

   ...religious belief | 5 7. Harmful speech falls along a spectrum, from abuse and insults at one end, to speech like incitement, at the other most serious and extreme end. The incitement provisions do not address all types of harmful speech. Other laws protect individuals against different types of harmful speech, such as verbal abuse. This includes the Summary Offences Act 1981, the Harmful Digital Communications Act 2015 (HDCA), the Harassment Act 1997 and the Films, Videos, and Pub...

2. Youth Court - 10 suggested characteristics of a good youth justice system [pdf, 188 KB]

   ...future behaviour. Formal punishment runs the risk of exposing them to “deviant” peers, who can also shape their future behaviour. Second, it gives them a criminal record which can greatly affect their future prospects, hindering, for example, career opportunities. In summary, firm, prompt, community-based alternative action, outside of the formal criminal justice system should be a core focus of any good youth justice system. 6 b. Ability to Absolutely Discharge a you...

3. OIA-Adoption Law Reform [pdf, 1019 KB]

   ...surrogacies are currently recognised through the Adoption Act. 7. Adoption policy is part of the broader Family Justice system which includes the Family Court, and the legislation which governs the formation and dissolution of families and the care of children. The Family Justice system has increasingly focused on ensuring the best interests of children and improving accessibility for a wider range of families and whānau. There is also significant interaction between the Family Jus...

4. A v Van Wijk (Access to File) [2019] NZHRRT 12 [pdf, 100 KB]

   ...12. Note non- publication restrictions.] 2 Introduction [1] The plaintiff’s two causes of action are based on the sexual harassment provisions of s 62(1) of the Human Rights Act 1993. She alleges that when providing her with pastoral care and counselling, the first defendant subjected her to language and physical behaviour of a sexual nature and that he made ongoing requests for sexual activity. [2] In these proceedings Mr Van Wijk is self-represented while the second and th...

5. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...in the horticulture and/or viticulture industries as participants in the Recognised Seasonal Employer (RSE) scheme. [2] The applicants lodged claims in the Employment Relations Authority alleging breaches by Pick Hawke’s Bay Inc of the Wages Protection Act 1983, Minimum Wage Act 1983, and Employment Relations Act 2000 (the Act).1 1 Wages Protection Act 1983, ss 4, 5A, 11 and 13; Minimum Wage Act 1983, ss 6, 7, 11 and 11B; Employment Relations Act 2000, s 130. Penalties are a...

6. CAC20002 v Gollins [2015] NZREADT 26 [pdf, 385 KB]

   ...Sentencing [4] The Tribunal must consider four matters when considering imposition of a penalty as set out in Real Estate Agents Authority v Lum-on [2012] NZREADT 47. 2 [5] 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 Dent...

7. LCRO 148/2022 NH v MV (13 June 2024) [pdf, 220 KB]

   ...the complaint as being one of negligence coloured its determination to take no further action on the basis that Ms NH had a remedy in the Courts. In doing so, it did not turn its collective mind to the broader issue as to whether or not Mr MV had protected and promoted the interests of Ms NH. The Client Care Rules29 [62] The Preface to the Client Care Rules provides: Whatever legal services your lawyer is providing, he or she must— … • protect and promote your interests �€...

8. Ram-Raid-Offending-and-Related-Measures-Amendment-Bill_FINAL.pdf [pdf, 7.4 MB]

   ...offending by children aged 10 to 13, and a 64 percent reduction for young people aged 14 to 17 since 2010. Recent additional measures were introduced in 2022 in response to spikes in ram-raiding and retail offences. 5 While the youth justice and care and protection systems are working for most children and young people with offending behaviour, a stronger focus is required on the small number of children and young people who commit the majority of offences, and who need much more intensiv...

9. [2018] NZSSAA 25 (25 May 2018) [pdf, 264 KB]

   ...Mr K Callinicos, Willis Legal, XXXX For Chief Executive of the Ministry of Social Development: Ms E Kirkman INTERIM DECISION Background [1] In certain circumstances, older persons are required to pay for their own long-term residential care; but, if they are not able to do so, funding is provided under the Social Security Act 1964 (the Act). In this case, the appellant is receiving care, and the dispute concerns whether her assets include the value of her former home. That...

10. Guide for Policy and Legal Advisors

    ...are engaged by policy proposals How to determine whether a limitation on a right is justified What if a limitation is unjustified? 1. What the Bill of Rights Act does The purpose of the Bill of Rights Act The Bill of Rights Act aims: to affirm, protect, and promote human rights and fundamental freedoms in New Zealand; and to affirm New Zealand’s commitment to the International Covenant on Civil and Political Rights. The Bill of Rights Act focuses on civil and political rights. Other...

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