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1. BORA Cultural Property (Protection in Armed Conflict) Bill [pdf, 230 KB]

   ...prosecute its nationals for 'grave violations', in terms of Article 16(1)(c) of the Convention. Conversely, where a state has not accepted the terms of the Convention, New Zealand may be perceived as interfering in that state's domestic matters if it prosecuted nationals of that state. 22. Furthermore, the distinction in clause 8 promotes the purposes of the Convention by preventing, to a certain extent, New Zealand from becoming a safe haven for persons who offend under...

2. BORA Harmful Digital Communications Bill [pdf, 303 KB]

   ...investigate complaints of harmful electronic communications and seek to resolve them through negotiation, mediation and persuasion. Clause 8(1)(c) provides that the agency need not investigate complaints where the complaint is trivial, where the subject-matter is unlikely to cause harm or where investigation is unlikely to uphold or enhance the communication principles. The agency is also, presumably for the avoidance of doubt, required to act consistently with the Bill of Rights Act: se...

3. LCRO 138/2018 CE and AB v UE (8 August 2018) [pdf, 159 KB]

   ...making an application clearly lies with the Applicant. This position is reiterated by previous decisions of this Office that the LCRO has no discretion to extend the timeframe. [20] This was confirmed by this Office in UQ v OI as follows:4 As a matter of jurisdiction this office has no discretion to accept review applications that are outside of the statutory time limit. Section 198 of the Act requires an application for Review to be lodged “within 30 working days after a copy o...

4. [2018] NZEnvC 084 Director General of Conservation and Royal Forest and Bird Protection Society of NZ v Invercargill City Council [pdf, 6.2 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 84 of the Resource Management Act 1991 of appeals under clause 14(1) of the First Schedule of the Act in relation to the Proposed Invercargill District Plan DIRECTOR-GENERAL OF CONSERVATION (ENV-2016-CHC-91 ) POWERNET LIMITED (ENV-2016-CHC-92) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND (ENV-2016-CHC-99) TRANS POWER NZ LIMITED (...

5. [2020] NZREADT 50 - Yang v The Real Estate Agents Authority (13 October 2020) [pdf, 355 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 50 READT 017/20 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN YANG YANG Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 1905) First respondent AND ANWEN (MARGARET) CHEN Second respondent On the papers: Tribunal: Mr J Doogue, Deputy Chairperson Mr G Denley, Member Ms C Sandelin, Member Submissions...

6. BORA Limitation Bill [pdf, 285 KB]

   ...BILL CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: Our Ref: ATT395/86 1. I have considered this Bill for consistency with the New Zealand Bill of Rights Act 1990. I conclude that while the Bill raises issues in respect of the following matters, no inconsistency arises: 1.1 The general right to an effective remedy under the Bill of Rights Act, which is limited by the extension of limitation periods to that Act in cl 11(2)(c); and 1.2 The right of non-discrimination on the...

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

   ...onus on the accused person,[8] and thereby limits the right to the presumption of innocence affirmed by s 25(c) of the Bill of Rights Act. 16. In considering whether that limit is justifiable in terms of s 5 of the Bill of Rights Act,[9] I note that matters of excuse in failure to comply with such a bylaw are likely to be peculiarly within the knowledge of the person concerned[10] and, further, the offence provisions relate to certain and quite specific acts of driving, which is itself a...

8. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...requirements in relation to the repossession of consumer goods. In these situations, the accused, rather than the prosecution, is in the best position to provide the evidence required to prove the defence, because the elements that need to be proved are matters peculiarly within the accused’s knowledge. 27. A reverse onus of proof is generally considered to be more easily justifiable for regulatory offences. The CCCFA s 103 offence is regulatory in nature. In addition, creditors and...

9. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...verification of information relating to births, deaths, marriages, civil unions, name changes, adoptions and sexual assignments and reassignments so as to provide: • a source of demographic information, and information about health, mortality, and other matters important for government; and • an official record of births, deaths, marriages, civil unions, and name changes that can be used as evidence of those events and of age, identity, descent, whakapapa, and New Zealand citizensh...

10. Wai 3300 2.5.018 Decision on applications for urgency [pdf, 536 KB]

    TE RŌPŪ WHAKAMANA I TE TIRITI O WAITANGI Wai 3300 Wai 3307 Wai 3316 Wai 3317 Wai 3318 Wai 3319 Wai 3320 Wai 3321 Wai 3343 Wai 3342 Wai 1194/1212 E PĀ ANA KI TE Treaty of Waitangi Act 1975 CONCERNING Ā, Te Reo Māori and Justice System (Rameka and Munro) claim (Wai 3077); and AND ME, The Constitutional (Ruka) claim (Wai 3316); ME, The Constitutional (Morgan & Goulton) claim (Wai 3317); ME, The Constitutional (Potiki) claim (Wai 3318); ME, The Consti...