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1. Crimes (Child Exploitation Offences) Amendment Bill [pdf, 127 KB]

   6443842_ADVICE_ CRIMES (CHILD EXPLOITATION OFFENCES) AMENDMENT BILL Level 3 Justice Centre 19 Aitken Street PO Box 2858 DX SP20208 Wellington 6140 New Zealand Ph: +64 4 472 1719 Fax: +64 4 473 3482 www.crownlaw.govt.nz 23 August 2021 Attorney-General BORA Vet Advice: Crimes (Child Exploitation Offences) Amendment Bill (59-1) – Consistency with the New Zealand Bill of Rights Act 1990 Our Ref: ATT395/340 1. We have examined the Crime...

2. [2014] NZEmpC 52 Ryan v Bryan [pdf, 62 KB]

   STEPHEN JOHN RYAN v CHANELLE BRYAN NZEmpC AUCKLAND [2014] NZEmpC 52 [2 April 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 52 ARC 5/14 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for interim stay of execution of Employment Relations Authority determinations BETWEEN STEPHEN JOHN RYAN Plaintiff AND CHANELLE BRYAN Defendant Hearing: 2...

3. BORA Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill [pdf, 283 KB]

   ...10 is justifiable in terms of s 5 BORA:[3] 5.1 The Bill reflects a reciprocal and negotiated agreement between two parties. In return for the compensation under the settlement, Taranaki Whanui ki Te Upoko o Te Ika has agreed that the subject matter of its historical claims should not be the subject of further litigation. The Crown is satisfied there was the appropriate mandate to enter into such an agreement. This assessment is also consistent with the decision of the Court of Appeal...

4. BORA Taxation (Budget Measures) Bill [pdf, 89 KB]

   ...broadly there is no policy justification for differential rates based on the current age bands. Alignment would provide improvements in administration and compliance. The changes will also preserve more tax revenue that may be expended on more pressing matters. The distinction will only be temporary until the prescribed amounts are equalised. 12. We consider that the distinction is justified, the means adopted to achieve it are proportionate, and the practical benefits to society o...

5. BORA Objectionable Publications and Indecency Legislation Bill [pdf, 289 KB]

   ...prove a defence to a criminal charge, these provisions limit the right to presumption of innocence affirmed by s 25(c) of the Bill of Rights Act. However, that limit can here be justified on the basis that:3 15.1 The two defences each rely upon matters that are exclusively within the knowledge of an accused; and 15.2 The reverse onus provisions have the effect of requiring those at risk of committing the offence to take steps not only to avoid offending, but also to avoid the conduct...

6. [2021] NZEmpC 64 Lawton v Steel Pencil Holdings Ltd (in liq) [pdf, 183 KB]

   ...LAWTON v STEEL PENCIL HOLDINGS LIMITED (IN LIQUIDATION) [2021] NZEmpC 64 [5 May 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2021] NZEmpC 64 EMPC 78/2021 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority AND IN THE MATTER OF an application for evidence to be heard by audio visual link BETWEEN REEGAN LAWTON Plaintiff AND ST...

7. [2018] NZEmpC 161 Aslan Farms Ltd v Johnstone [pdf, 324 KB]

   ASLAN FARMS LIMITED v PAUL JOHNSTONE NZEmpC CHRISTCHURCH [2018] NZEmpC 161 [21 December 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 161 EMPC 432/2018 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for a stay of execution and urgency BETWEEN ASLAN FARMS LIMITED Plaintiff AND PAUL JOHNSTONE Defendant Hearing: 21 December 2018 (by tel...

8. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...held that section 27 of the Bill of Rights Act is only engaged when the "determination" in question is adjudicative in nature. Section 27 does not apply to a decision which might have an indirect impact on the rights of an individual.[1] Matters of high government policy, which do not involve an assessment of rights in individual cases, are therefore not a determination for the purposes of section 27.[2] Decisions made under the Bill, or in the application of the principles, woul...

9. BORA Arts Council of New Zealand Toi Aotearoa Bill [pdf, 298 KB]

   ...Arts Council of New Zealand Toi Aotearoa (the Arts Council). 4. The purposes of the Arts Council include promoting the arts in New Zealand, allocating funding to projects for professional and community arts, and giving advice to the Minister on any matter relating to the functions of the Council. CONSISTENCY WITH SECTION 19(1) OF THE BILL OF RIGHTS ACT 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discri...

10. Van Wey Lovatt v Accident Compensation Corporation (Costs on Appeal) [2024] NZACC 084 [pdf, 140 KB]

    IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 084 ACAR 130/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AMY VAN WEY LOVATT Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: The Appellant is self-represented H Evans for the Accident Compensation Corporation (“the Corporation”)...