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

   ...above, we have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager, Bill of Rights/Human Rights Public Law Group footnotes 1. See White Paper "A Bill of Rights for New Zealand" (1985), paragraph 10.175. See also Grant Huscroft "The Right to Justice" in Rishworth, Huscroft, Optican, Mahoney The...

2. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...instructions, we attach copies of this opinion for referral to the Minister of Justice and the Associate Minister of Justice (Hon Rick Barker), who is also the Minister in charge of the Bill. Stuart Beresford Senior Legal Adviser Bill of Rights/Human Rights Team Allison Bennett Principal Legal Adviser Office of Legal Counsel cc Minister of Justice Associate Minister of Justice (Hon Rick Barker) For your information Footnote 1 See Moonen v Film Literature Board of Review [2000]...

3. [2019] NZEmpC 45 Chambers v Pelabon [pdf, 347 KB]

   ...basis that there is a liquidation. Schedule 7, or any other provisions relating to a company placed in liquidation, do not currently apply. [57] Finally, Mr Chambers submitted that articles 1, 2, 4, 10 and 17 of the Universal Declaration of Human Rights (the Declaration) precluded the possibility of any jurisdiction being exercised under s 137 of the Act. The gist of the submission was that under these provisions the arbitrary deprivation of property would amount to a breach of...

4. BORA Education Amendment Bill no three [pdf, 144 KB]

   ...concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the New Zealand Bill of Rights Act 1990 Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of Rights Team In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be ma...

5. RIS - Abortion Law Reform [pdf, 750 KB]

   ...For the conscience issues, the Ministry of Justice has identified impacts on rights and freedoms, and any justified limitations on these, enshrined in the New Zealand Bill of Rights Act 1990. There are also impacts on New Zealand’s international human rights obligations. The Ministry of Health considered the impacts of the proposed regulatory framework on women and health practitioners. Women seeking an abortion could move through fewer process stages than the current system of refe...

6. Proactive release - Electoral (Registration of Sentenced Prisoners) Amendment Bill Supplementary Order Paper [pdf, 1.4 MB]

   ...apply to this proposal as the threshold for significance is not met. Compliance 12. The SOP complies with: 12.1. the principles of the Treaty of Waitangi; 12.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 75gtrikf9o 2020-06-08 16:11:33 RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS ED B YT HE M IN IS ER O F JU ST IC E RE LE AS...

7. BORA Geographical Indications (Wine and Spirits) Registration Amendment Bill [pdf, 280 KB]

   ...freedom of expression 6. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The freedom of expression is “as wide as human thought and imagination” [1] and includes any activity which conveys or attempts to convey a meaning. [2] 7. Legislative provisions limiting a particular right or freedom may nevertheless be consistent with the Bill of Rights Act...

8. BORA Charities Bill [pdf, 150 KB]

   ...the powers in this Bill. As the Court of Appeal observed in Tranz Rail Ltd v Wellington District Court [2]: Although expectations of privacy may not be as great in the commercial world as they are in the domestic sphere, corporations as well as human beings do have legitimate privacy expectations. While the extent of those expectations must be measured against the legislative and regulatory environment in which the corporation operates, it is not appropriate to deny corporations any pri...

9. 6352184 BORA vet Briefing to Attorney General Conversion Practice Prohibition Legislation Bill [pdf, 202 KB]

   ...lacking decision-making capacity, punishable by up to 3 years’ imprisonment and another where the conversion practice causes serious harm, punishable by up to 5 years’ imprisonment. The Bill also proposes civil remedies be available under the Human Rights Act 1993. 3. The definition of conversion practice is critical to its efficacy and to its consistency with the Bill of Rights Act. A conversion practice is defined as a practice that is directed towards an individual because of thei...

10. BORA Domestic Violence Reform Bill [pdf, 196 KB]

    ...As such, these provisions may appear to raise an issue under the right of non-discrimination on the grounds of age in ss 19(1) of the Bill of Rights Act. Age is defined as "any age commencing with the age of 16 years" by s 21(1)(i) of the Human Rights Act 1993. 3. However, the different treatment reflects the availability of similar, but specifically designed, protective measures for 16 and 17-year olds, such as the power of removal of young persons at risk of harming themselve...