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1. BORA Legal Services Amendment Bill [pdf, 286 KB]

   ...did consider a group of issues in relation to s 19 of the BORA. These are drawn to your attention below. Section 19 issues 4. Section 19 of the BORA provides for the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. Limitations on grant of legal aid for proceedings under the Immigration Act 1987 5. Clause 6 of the Bill contains a proposed amendment to s 10(1) of the Legal Services Act. That provision limits the circumstances in which...

2. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...opinion for referral to the Minister of Justice. A copy is also attached for referral to the Minister of Transport, if you agree. Allison Bennett Principal Legal Adviser Office of Legal Counsel Bridget Dingle Legal Adviser Bill of Rights/Human Rights Team CC: Minister of Justice Minister of Transport Copy for your information In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-Gener...

3. BORA Gambling Amendment Bill (No 2) [pdf, 385 KB]

   ...CONCLUSION 16. For the reasons discussed above, we have concluded that the Bill appears to be consistent with the Bill of Rights Act. Melanie Webb Manager, Ministerial Advice Office of Legal Counsel Margaret Dugdale Policy Manager, Bill of Rights/Human Rights Public Law Group Footnotes 1 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260; Moonen v Film and Liter...

4. 2023 NZPSPLA 068 [pdf, 104 KB]

   ...him. [2] Mr Mehmood also says the complaint should not have been accepted because it did not disclose a valid basis for a complaint. Even if it did, he says cancelling his certificate amounts to double jeopardy and is therefore a breach of the Human Rights Act. [3] The issues I need to decide are: a) Was the complaint made under an appropriate ground? b) Is taking disciplinary action against Mr Mehood following a conviction a breach of s 26 of the Bill of Rights Act? c)...

5. BORA Justices of the Peace Amendment Bill [pdf, 300 KB]

   ...disadvantage to Justices below 68 years who retain the ability to put forward any "reasonable excuse" for opting out of District Court duties. Conclusion 10. While the Justices of the Peace Amendment Bill (PCO 5145/7) raises some prima face human rights issues, we consider that the provisions of the Bill are not inconsistent with the New Zealand Bill of Rights Act 1990. Val Sim Crown Counsel Malcolm Luey Associate Crown Counsel Footnote 1. 2002 (5) SA 246,...

6. BORA New Zealand Intelligence and Security Bill [pdf, 292 KB]

   ...of New Zealand citizens to enter New Zealand. Section 18(3) of the Bill of Rights Act affirms that everyone has the right to leave New Zealand. 22. We note that the freedom of movement is one of the fundamental rights recognised by international human rights treaties. For instance, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (‘the ICCPR’), to which New Zealand is a party, confirm that everyone shall be free to leave any count...

7. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...disproportionately severe? Is the notification requirement treatment or punishment? 15. The White Paper commentary indicates that the treatment element of s 9 is aimed at “any form of treatment” that is “incompatible with the dignity and worth of the human person”.5 Butler and Butler consider that the term is “sufficiently wide to refer to any measure applied to a particular person or persons, or the manner in which a particular person or persons is dealt with”.6 I am...

8. [2014] NZEmpC 29 Patel v OCS Ltd [pdf, 66 KB]

   ...an error made by the Authority, where it is said that the plaintiff allocated a staff member from a “critical area” to a “non-critical area” and that finding was incorrect. The defendant accepts that this was in error. Mr Reynolds, the Human Resources Manager of the defendant, who was the decision maker and who has sworn an affidavit in support of the defendant’s opposition to the application for urgency and in support of the application for a stay, says that he found th...

9. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...and 11 by collecting and using what she described as false information and documents about her, which she said were created by 1 [This decision is to be cited as Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9.] IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 9 I TE TARAIPIUNARA MANA TANGATA 2 a colleague. Dr Sawyer also seeks an order preventing VUW’s counsel from acting in these proceedings. [2] VUW denies the allegations made by Dr Sawyer and...

10. NJ Ltd v WJ Ltd [2022] NZDT 29 (25 February 2022) [pdf, 212 KB]

    ...nine days before the tenants vacated the property and it was found to be generally in a reasonable condition. After the tenants moved out, the agent returned to the property to find there was intentional damage done to premises. This included human and animal urine on the carpet, marked walls, soiled curtains and rubbish, including nappies. NJ contacted WJ for cover for losses. WJ determined that the insurance cover is only for some of the amount claimed by NJ. NJ disputes WJ’s...