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1. Ngati Pahauwera Supplementary Affidavit on behalf of Trustees [pdf, 394 KB]

   ...Discussion included archaeology and wahi tapu concepts. 6. Annexed and marked ‘D’ is ‘Fisheries Resource Inventory: The Mohaka River’.4 This document was prepared by Fish and Game New Zealand and covers hydrology, biology, water quality, human use and threats to the fishery. 1 Susan Forbes and Warren Gumbley, Ngati Pahauwera Rohe Archaeological Survey (1996) 2 Toro Waaka and Susan Forbes, Wairoa Heritage Workshop (1997) 3 Elizabeth Pisheif, Ngati Pahauwera: Places o f Signific...

2. BORA Children Young Persons & Their Families (Youth Courts Jurisdiction & Orders) Amendment Bill [pdf, 304 KB]

   ...there is no penalty for non-compliance. I also do not consider that the making of such an order raises an issue of discrimination in terms of s 19(1) of the Bill of Rights Act on grounds of family status, which includes, under s 21(1)(l)(iv) of the Human Rights Act, "being a relative of a particular person", as the making of an order against the caregiver of a young person is based upon that particular personal responsibility. 10. It may give rise to an effective detention and...

3. BORA Gangs and Organised Crime Bill [pdf, 355 KB]

   ...14 of the Bill of Rights Act. Section 14 reads: "Everyone has the right to freedom of expression, including the freedom to seek, receive and in part information and opinions of any kind in any form." 10. The right is "as wide as human thought and imagination"[1]. It extends to non-verbal conduct and so would extend to signs and other expressive structures.[2] As the proposed amendment has the potential to apply to structures that convey meaning, even if that meaning...

4. [2019] NZEmpC 69 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 310 KB]

   ...2 Nicolle v Goleman Wellington Cleaning Ltd [2019] NZERA 113. 3 Goleman Wellington Cleaning Ltd v Nicolle [2019] NZEmpC 51. [7] The application was supported by an affidavit from David Fuimaono, Goleman’s National Human Resources and Compliance Manager. The reason given for this delay in seeking to challenge the costs determination was explained by Mr Fuimaono as an error by Goleman’s advocate. Mr Fuimaono said he instructed Mr Pa’u to challenge t

5. Ngati Maru (Taranaki) Claims Settlement 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...

6. BORA Statutes Amendment Bill (No. 2) [pdf, 299 KB]

   ...Defence • Misuse of Drugs Act 1975 CONCLUSION 14. We have concluded that the Bill appears to be consistent with the Bill of Rights Act. Jeff Orr Chief Legal Counsel Office of Legal Counsel Stuart Beresford Acting Manager Bill of Rights/Human 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 made to Parliament under...

7. E25 Lighting JWS [pdf, 1 MB]

   ...possibility of shutting down earlier? Reflect close time of particular event with buffer for people to vacate area. f. Seeking application of Council standards for dimming screens at night. g. Number of LED screens needs to be considered in context of human enjoyment of natural space. 12.2. Matters of disagreement None. 1307 12.3. Comment The JWS items addressing these matters are as follows; a. Item 2 b. Item 6 c. Item 6 d. Item 6 e. Item 5 f. Ite...

8. Proactive release - Electoral (Registration of Sentenced Prisoners) Amendment Bill (No 2) [pdf, 1.4 MB]

   ...legislative provisions, which otherwise result in an incoherent Bill. Compliance 15. The Bill (No 2) complies with: 15.1. the principles of the Treaty of Waitangi; 15.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 15.3. the disclosure statement requirements (a disclosure statement prepared by the Ministry of Justice is attached); 15.4. the principles and guidelines set out in the Privacy Act 1993; 15.5. relevant internatio...

9. Rafiq v Commissioner of Inland Revenue (Costs) [2013] NZHRRT 30 [pdf, 39 KB]

   1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 30 Reference No. HRRT 027/2011 UNDER THE PRIVACY ACT 1993 IN THE MATTER OF AN APPLICATION BY THE DEFENDANT FOR COSTS BETWEEN RAZDAN RAFIQ PLAINTIFF AND COMMISSIONER OF INLAND REVENUE 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 fo...

10. BORA Fisheries Act 1996 Amendment Act Bill (No 2) [pdf, 281 KB]

    ...the analysis set out 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 Ministerial Advice Manager Office of Legal Counsel Stuart Beresford Manager, Human Rights/Bill of Rights Team Public Law Group Footnotes 1 See Franic v Wilson [1993] 1 NZLR 318 (HC) and Upton v Green (No 2) [1996] 3 HRNZ 179 2 Chisholm v Auckland City Council (CA/02, 29 November 2002), paragraph 32 In addition...