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  1. BORA Unsolicited Electronic Messages Bill [pdf, 332 KB]

    ...Conclusion 34. For the reasons given above, 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 Senior Legal Advisor Bill of Rights / Human Rights Team CC Minister of Justice Minister of Information Technology Footnotes 1 R v Keegstra [1990] 3 SCR 697, 729, 826 2 Federated Farmers of New Zealand v New Zealand Post [1992] 3 NZBORR 339. 3 RJR MacDonald v Attorney...

  2. FT v NSC LCRO 260 / 2010 (21 October 2011) [pdf, 100 KB]

    ...potentially be disbarred for misconduct (as I was not providing regulated legal services) for having the audacity to complain to legitimate authorities about a judicial officer and you allow the prosecution to go ahead or you rule that I have a human right to air any grievances I have about their Honours in an appropriate forum and as such I cannot face punitive sanctions as a result”. He emphasised that he was not seeking any other ruling from this Office. [11] This is a misrepr...

  3. BORA Major Events Management Bill [pdf, 330 KB]

    ...consistent with the Bill of Rights Act. In reaching this conclusion, we have given particular emphasis to the purpose of this legislation. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager Bill of Rights/Human Rights Team Cc Minister of Justice Minister for Economic Development Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826. 2 Irwin Toy Ltd v A-G (Quebec) (1989) 58 DLR (4th) 577 (SCC). 3 RJR-MacDonald Ltd v Attorney Gen...

  4. [2023] NZEnvC 009 Hankinson v Central Otago District Council [pdf, 849 KB]

    ...of subdivision consent shall be paid prior to Section 224(c) certification. 3. During site works if European or Chinese artefact material is discovered the consent holder shall immediately contact Heritage New Zealand. 4. During site works if koiwi (human skeletal remains), waahi taoka (resource of importance), waahi tapu (place or feature of special significance) or artefact material are discovered, then work shall stop to allow a site inspection by the appropriate runanga and their advisors...

  5. Public-Place-Amendment-Paper_FINAL.pdf [pdf, 571 KB]

    ...gang members also faced. The Waitangi Tribunal has acknowledged the connection between State care and gangs, and many gang members have been victims of family harm and abuse in care. Normalisation of violence in gangs is a result of this trauma. Human Rights 22 The Attorney-General found the display ban in the Gangs Legislation Amendment Bill, although finely balanced, is an unjustified limit of the New Zealand Bill of Rights Act 1990 (NZBORA). Specifically, the Attorney-General concl...

  6. BORA-Vet-advice_-SIGNED-with-coda-Firearms-Prohibition-Order-Legislation-Amendment-Bill-Consistency-to-NZBORA-15-February-2024-for-publication.pdf [pdf, 5 MB]

    ...may be searched, we advise that the primary right affected is section 21. Discrimination - section 19 36. Section 19 of the Bill of Rights Act provides that everyone has the right to freedom from discrimination on the grounds in section 21 of the Human Rights Act 1993. Race is one of the prohibited grounds.22 Gang membership is not. 37. Legislation will discriminate if it:23 37.1 treats or effects persons or groups in comparable situations differently on the basis of a prohibited gr...

  7. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

    1 (1) ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF AGGRIEVED PERSON (2) ORDER PREVENTING SEARCH OF THE TRIBUNAL FILE WITHOUT LEAVE OF THE TRIBUNAL OR OF THE CHAIRPERSON IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2015] NZHRRT 25 Reference No. HRRT 029/2015 UNDER SECTION 50 OF THE HEALTH AND DISABILITY COMMISSIONER ACT 1994 BETWEEN DIRECTOR OF PROCEEDINGS PLAINTIFF AND PASIFIKA INTEGRATED HEALTHCARE LIMITED D...

  8. 230508-Proactive-release-Family-Court-Family-Court-Associates-Legisla.._FINAL.pdf [pdf, 589 KB]

    ...decisions made at I N C O N F I D E N C E 2 I N C O N F I D E N C E the early stages of proceedings and interlocutory applications.1 Some judicial decisions will remain with judges because of their substantive impact on people, impact on human rights or complexity. Modelling indicates that introducing the Family Court Associate role will free up 25% of Family Court judge time. 8 The Bill amends several family law related statutes to enable the Family Court Associate to under...

  9. Dr Nicholas Tony Shears - Evidence in Chief [pdf, 485 KB]

    ...ecology of the MRMNE Management Area. Outline of Issues 4. I have been asked to comment on: (a) ls the ecology of shallow reefs in the Bay of Plenty consistent with that found in other parts of the Northeast Coast of New Zealand? (b) Effects of human activities on habitat and biodiversity, experience at Leigh Marine reserve, Hauraki Gulf, and relevant Bay of Plenty experiences. (c) Any other considerations related to potential thresholds for the impact of fishing techniques and...

  10. [2022] NZACC 25 - Howard v ACC (2 March 2022) [pdf, 193 KB]

    ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [26] Section 28 of the Act provides for work-relate...