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1. Terms of Reference for Stat Review Final [pdf, 115 KB]

   ...quality of information to support other frameworks which the regime intersects with and assist regulatory, supervisory and law enforcement agencies to combat money laundering, terrorism financing, and serious and organised crime; • Ensure that human rights and privacy considerations are addressed and that intrusions on personal rights and freedoms are no more than is necessary to achieve the purpose of the AML/CFT regime; • Support efficient long-term administration of the AML...

2. Rafiq v Commissioner of Police (Costs) [2013] NZHRRT 31 [pdf, 40 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 31 Reference No. HRRT 032/2011 UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN APPLICATION BY THE DEFENDANT FOR COSTS BETWEEN RAZDAN RAFIQ PLAINTIFF AND COMMISSIONER OF POLICE DEFENDANT AT WELLINGTON BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Dr AD Trlin, Member REPRESENTATION: Mr Rafiq in person (no appearance) Mr E Child and Mr T Hallett-Hook for Def...

3. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...of a republican Constitution as a legal basis for denying the legitimacy of the present form of government". 8. Similarly, in McGuinness v United Kingdom (application no. 39511/98, unreported judgment 18 February 1999) the European Court of Human Rights considered the requirement for a successful electoral candidate to swear an oath of allegiance to the sovereign before taking up his or her seat or availing him or herself of the facilities of the House. The Court held that the requi...

4. BORA Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill [pdf, 289 KB]

   ...practise the religion, or to use the language, of that minority.” 6. Once again, however, any such limitation can be seen as justified as an incident of the negotiated settlement of the claims. 7. In particular, I note that the United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant on Civil and Political Rights and with art 27, whi...

5. BORA International Non-Aggression and Lawful Use of Force Bill [pdf, 388 KB]

   ...INCONSISTENCIES WITH THE BILL OF RIGHTS ACT Section 19(1): Freedom from Discrimination 7. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the prohibited grounds of discrimination in the Human Rights Act 1993. Those grounds include ethnic or national origins (including nationality or citizenship). 8. In assessing whether a Bill gives rise to possible discrimination we consider whether the Bill draws a distinction on one of...

6. [2019] NZEmpC 156 Radford v Chief of New Zealand Defence Force [pdf, 388 KB]

   ...between the Chief of the New Zealand Defence Force and a person in Ms Radford’s situation. [5] The Ministry of Foreign Affairs and Trade (MFAT) now seeks leave to appear and be heard in the proceeding. [6] John Saunders (Divisional Manager, Human Resources Group at MFAT) states that the organisation employs 1,500 staff worldwide. Approximately 850 are employed in MFAT’s overseas posts. Of these, approximately 300 are staff seconded from Wellington and the remaining 550 a...

7. HC v T Ltd [2022] NZDT 214 (14 November 2022) [pdf, 106 KB]

   ...goods must be fit for any particular purpose made known by the consumer expressly or by implication and for the purpose for which supplier represents that they are or will be fit. 8. HC’s position is that a T Ltd branded Smart watch worn on a human wrist and used for sporting activities, represented by the manufacturer as suitable for swimming, ought to have lasted longer than 3 years, and so it is not durable and it has failed in its fitness for purpose. 9. While I accept t...

8. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...settlement of the claims. 7. In so far as the section could be said to limit reliance on the protection of the rights of minorities under s 20 of the Bill of Rights Act, it would be justified under s 5 on the same basis. 8. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, also an incident of a negotiated settlement, as consistent with the right of access to the courts as affirmed by art 14(1) of the International Covenant...

9. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...that the possession of certain marine and aquatic life in excess of the daily limit was not taken in breach of the regulations or prove that breaches against restrictions imposed for sanctuaries took place in order to preserve, protect or maintain human life, than for the Crown to prove the opposite. c)The court retains the discretion to impose a lower penalty than the maximum prescribed in the Bill. 10.We also note that the maximum penalty of five years’ imprisonment is only available...

10. Maniapoto Claims Settlement Bill [PDF, 1.1 MB]

    ...limit a claimant's minority rights under s 20 of the Bill of Rights Act, this would be justified on the same basis. 111/nt.-o I...,t~1111 l...1it11itd v A110,.,1ry-Gc11cml 1200111 NZLR 40 (I IC). <,58.)626_3 3 9. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement. The Committee found the exclusion was consistent with articles 14 and 27 nf the International Covenant on Civil and Political Rights, which are comparable to...