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1. BORA Local Government (Auckland) Bill [pdf, 132 KB]

   ...to the Minister of Justice. We also attach a copy for referral to the Minister of Internal Affairs, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Internal Affairs 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...

2. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...claims. 5. Similarly, in so far as the exclusion of subsequent challenge could be said to limit the claimant’s rights under s 20 of the Bill of Rights Act, [7] it would likewise be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 Fisheries Settlement, which was similarly 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...

3. Youth Court - Summary of it’s all relative: the absolute importance of the family in youth Justice (a New Zealand perspective) [pdf, 185 KB]

   ...approaches. • family members who can contribute can always be found...somewhere • FGCs is not expensive. They require good facilitators and need to have good information at hand. But primarily a FGC requires the presence of (relatively) willing human beings. As we know, being sorry for offences committed, harm done and pain caused is a challenge so I sould like to end with Hemi’s song which reflects Hemi’s thoughts after being part of FGCs: I’m sorry for all the pain th...

4. Pukekohe Vegetable Growers Association.pdf [pdf, 202 KB]

   ...farming communities. Oppose in part CVP is operationally different from pastoral farming and requires the ability to rotate crops on different parcels of land in order to produce vegetables sustainably. Fresh vegetables are essential for human health and the ability to meet growing population demand is essential for the health and wellbeing of our communities, noting that the land area occupied by CVP is less than 2%. Policy 6 Federated Farmers seek amendme...

5. Guo v Culpan (Strike-Out) [2018] NZHRRT 25 [pdf, 127 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2018] NZHRRT 25 Reference No. HRRT 025/2016 UNDER THE PRIVACY ACT 1993 BETWEEN YAN GUO PLAINTIFF AND STEPHEN JAMES CULPAN DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr RK Musuku, Member REPRESENTATION: Ms Yan Guo in person Ms HC Stuart for defendant DATE OF HEARING: 14 May 2018 DATE OF DECISION: 19 June 2018 DECISION OF TRIBUNAL...

6. BORA Families Commission Bill [pdf, 136 KB]

   ...instructions, we attach a copy of this opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Social Services and Employment, if you agree. Diana Pickard Legal Adviser Bill of Rights/Human Rights Team Cc Minister of Justice Minister of Social Services and Employment Allison Bennett Principal Adviser Office of Legal Counsel In addition to the general disclaimer for...

7. Independent review of intelligence and security - call for submissions [pdf, 951 KB]

   ...and balances contained in the Act to help ensure the NZSIS acts appropriately. For example:  The NZSIS Act sets out principles underpinning the NZSIS’s performance of its functions. These include acting in accordance with New Zealand law and human rights standards, independently and impartially, and with integrity and professionalism.  The Director of NZSIS must take all reasonable steps to ensure NZSIS only undertakes activities relevant to the performance of its functions, a...

8. LR v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 109 [pdf, 286 KB]

   ...(b)-(d) of Schedule 1? (b) Did the Judge err in failing to commence the interpretive exercise pursuant to s 6 of the NZ Bill of Rights Act 1993 (NZBORA)? (c) Did the Judge err when he found he was constrained by s 4 of NZBORA and s21B(1) of the Human Rights Act in setting aside or otherwise varying the original review decision dated 22 August 2022? (d) Did the Judge err when he failed to consider section 5 in addition to s4 of NZBORA and in so doing so failed to consider if the li...

9. Taxation (Budget 2021 and Remedial Measures) Amendment Bill [pdf, 918 KB]

   ...Act. This is because excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims. 7. Any limit on minority rights under s 20 of the Bill of Rights Act would be justified on the same basis. 8. 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 of the International Covenant on Civil and Political Rights, which are comparable to...

10. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

    ...the claims. 5. To the extent that exclusion of subsequent challenge could be said to limit the claimants’ right under s 20 of the Bill of Rights Act, [3] it would similarly also be justified under s 5 on the same basis. 6. The United Nations Human Rights Committee upheld a similar exclusion under the 1992 fisheries settlement, which was an incident of a negotiated settlement. The Committee found the exclusion was consistent with a right of access to the courts as affirmed by Art 14(...