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1. BORA Customs and Excise Bill [pdf, 231 KB]

   ...seizure), s 22 (liberty of the person), and s 25(c) (right to be presumed innocent). We also consider possible limitations on s 14 and s 18 of the Bill of Rights Act. 6. These rights are fundamentally concerned with fairness, individual autonomy, privacy and dignity. Any limitation on these rights requires careful scrutiny and justification. 7. We have also taken into account the unique context of the border in terms of the public interest in Customs’ effective regulation of people,...

2. NZ BORA Advice: Civil Aviation Bill [pdf, 368 KB]

   ...The Bill enacts and re-enacts significant search and seizure provisions to support the operation of civil aviation security regimes. These regimes allow for searches and seizures that have broad application and high levels of intrusion into personal privacy. However, we consider that the high importance of the objective of securing aviation safety, as well as the strong constraints and safeguards surrounding the use of the powers, render them proportionate and reasonable in the context....

3. [2006] NZEmpC WC 15/06 OCS Ltd v Food Workers Union Inc [pdf, 108 KB]

   ...[3] The defendants deny strike action and assert that OCS has failed to obtain informed consent of the employees to the electronic scanning of fingerprints; failed to consult; breached its statutory obligations of good faith; breached the privacy of employees and has ‘unclean hands’ which disentitles the plaintiff to equitable remedies. They also seek costs. [4] The issues in this case are: 1. Whether OCS’s direction to its employees was lawful and reasonable. 2. Whe...

4. National Action Plan Against Racism

   ...plan against racism? What do we mean by racism? Why do we need a national action plan against racism? How is the national action plan being developed? We may need to release your feedback under the Official Information Act Where can I go for help? Our privacy statement Further information What is a national action plan against racism? Racism is global and entrenched. Around the world, countries are creating practical plans to end racism. The New Zealand Government has committed to developing a...

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   1. Justice sector & policy >
   2. Key initiatives

5. Constitutional

   ...(transparency and scrutiny of executive action) The independent institutions in this system have been established to scrutinise aspects of executive action and to hold the executive to account. They include the Independent Police Complaints Authority, Ombudsman, Privacy Commissioner, and the Human Rights Commission. This system uses a blend of advice, encouragement, compliance and enforcement to promote accountable, proportionate and lawful executive action. This system aims to promote public c...

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   1. Justice sector & policy >
   2. Regulatory stewardship >
   3. Regulatory systems and areas

6. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

   ...law. It may well be that, as part of assessing unfairness, a court would have regard to the fact that the information disclosed to the Commission had been originally disclosed to the PCA against a background of apparently guaranteed secrecy and privacy and this may well affect admissibility. BORA assessment 4. A number of BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to...

7. Middleditch v CAC 20004 & Kerdemelidis-Kiesanowski [2014] NZREADT 62 [pdf, 27 KB]

   ...wide in terms of s.108 of the Act which commences: "108 Restrictions on publication (1) If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make 1 or more of the following orders: …" [4] The application for name suppression is supported by a concise affidavit from the appellant deposing, inter alia, t...

8. Wellington Standards Committee v Hall [2011] NZLCDT 23 [pdf, 56 KB]

   ...s.240(1)(c) of the Lawyers and Conveyancers Act 2006: s 240 Restrictions on publication (1) If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make any 1 or more of the following orders: (a) an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held i...

9. [2020] NZEmpC 154 Kennedy v The Chief Executive of Oranga Tamariki [pdf, 136 KB]

   ...Kennedy seeks disclosure of a letter her estranged daughter sent to Oranga Tamariki in December 2018, together with correspondence related to her case between Oranga Tamariki and WorkSafe New Zealand, the State Services Commission, the Privacy Commissioner, Parliament and Ms Kennedy’s daughter (or any other family members). [3] Oranga Tamariki opposes disclosure on the ground that none of the documents sought are relevant to these proceedings. Oranga Tamariki also says t...

10. SG v UT [2023] NZDT 78 (1 March 2023) [pdf, 96 KB]

    ...applicant says that on 2 occasions in, respectively, May, and November, 2021 the respondent ‘trespassed’ on to her land and cut down the limbs of 2 trees. 2) SG seeks compensation for: a) the cost of purchasing security cameras for her privacy, and as a result of the respondent’s alleged “actions and threats,” b) the cost of an arborist ($690.00) “removing the hazard created by [UT],” c) compensation ($500.00) for the work the applicant had to do “chainsaw up the...