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1. BORA Trade Marks (International Treaties And Enforcement) Amendment Bill [pdf, 309 KB]

   ...guilty. CONCLUSION We have concluded that the Bill appears to be consistent with the rights and freedoms contained in the Bill of Rights Act. Michael Petherick Manager, Ministerial Advice Office of Legal Counsel Stuart Beresford Manager Human Rights/Bill of 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 P...

2. Proactive release - Order in Council: Electoral (Expenditure Limit) Order 2019 [pdf, 691 KB]

   ...on 1 July 2019. No waiver of the 28-day rule is sought. Compliance 10. The Order complies with the following:  the principles of the Treaty of Waitangi  the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993  the principles and guidelines set out in the Privacy Act 1993, and  the Legislation Guidelines. Regulations Review Committee 11. There are no grounds on which the Regulations Review Committee should draw the Order to...

3. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...means of recovering his costs if he wins by ordering or security. 7 An important point about access to justice in the context of security for costs was made by Kós J in Highgate on Broadway Ltd v Devine:5 Access to justice is an essential human right. The cost of exercising that right is the payment of costs in the event of failure. The right of a successful defendant to costs in that event is arguably subordinate to the plaintiff's right to be heard. Strong social polic...

4. BORA Local Government (Auckland Law Reform) Bill [pdf, 308 KB]

   ...rating arrangements for the Auckland Council until at least July 2012. Section 19: Right to be free from discrimination Section 19(1) of the Bill of Rights Act provides the right to freedom from discrimination on the grounds set out in s 21 of the Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years, disability, race, and ethnic or national origin. In our view, taking into account the various domestic and overseas judicial prono...

5. BORA Land Transport (Enforcement Powers) Amendment Bill [pdf, 297 KB]

   ...5. See Sugrue, above, [24]. 6. See, similarly, Belcher v Chief Executive of the Department of Corrections [2007] 1 NZLR 507, [35]ff. 7. See, for example, Belcher, above, [41], and, more broadly, R Clayton & H Tomlinson (eds) The Law of Human Rights (2ed: Oxford, 2009)[11.30]ff and [11.358]ff. 8. Section 67(8) of the Summary Proceedings Act 1956. 9. The application of s 5 entails an assessment of whether the restriction is rationally connected to an important objective and...

6. 2021-11-03 D-G of Conservation - Legal submissions - PC8 - primary sector hearing [pdf, 163 KB]

   ...land, by: … • maintaining coastal water quality, and enhancing it where it has deteriorated from what would otherwise be its natural condition, with significant adverse effects on ecology and habitat, because of discharges associated with human activity. 12. Policy 4 of the NZCPS provides for integrated management of natural and physical resources in the coastal environment, and importantly, activities that affect the coastal environment. PC8 looks to manage landuse activiti...

7. [2018] NZSSAA 59 (19 November 2018) [pdf, 213 KB]

   ...in a car in these circumstances was plainly very distressing, it also exposed the appellant to the risk of further complications or death. In our view, leaving the appellant to live in his car in these circumstances was incompatible with his human dignity. This is not a case where the appellant chose to live in his car, he regularly pled for assistance from the Ministry. 6 c) Second, we consider the situation from the point of view of New Zealand society. To deprive an...

8. W v H [2015] NZIACDT 80 (10 August 2015) [pdf, 94 KB]

   ...breach of duty in a professional setting, by measuring the breach against real world standards where perfection is not attainable. A responsible body of a practitioner’s peers gives weight to the realities of day-to- day professional practice, and human error. Accordingly, a necessary element of the test is to determine whether any lapse is sufficiently serious to warrant upholding the complaint as a professional disciplinary matter. Though the statutory context is quite different, a rele...

9. BORA Arms Amendment Bill (No 3) [pdf, 176 KB]

   ...to the Minister of Justice. A copy is also attached for referral to the Minister of Police, if you agree. Roger Palairet Acting Chief Legal Counsel Office of Legal Counsel Boris van Beusekom Senior Legal Adviser Bill of Rights/Human Rights Team CC Minister of Justice Minister of Police 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 determi...

10. [2014] NZEmpC 41 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 75 KB]

    ...all these circumstances, I am satisfied that there is an adequate explanation for the delay. [15] The next substantive ground of opposition to leave being granted is that Ms Alim’s challenge “lacks merit”. Addressing this ground, LSG’s Human Resources Manager, Marie Park, says that Ms Alim failed comprehensively in all of the many applications, substantive and interlocutory, that she brought to the Authority. Ms Park says that defending all of those groundless claims has p...