Search Results

1. Statutes-Amendment-Bill_FINAL.pdf [pdf, 1.4 MB]

   ...provisions (not applicable as there are no Treaty Provisions in this Bill requiring advice); 9.3 the lights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 9.4 the piinciples and guidelines set out in the Privacy Act; 9.5 relevant international standai·ds and obligations; and 9.6 the Legislation Guidelines (2021 edition), which ai·e maintained by the Legislation Design and Advis01y Committee. 10 As per section 105 of the Legislatio...

2. Public-Place-Amendment-Paper_FINAL.pdf [pdf, 571 KB]

   ...that the display ban in the Gangs Legislation Amendment Bill was inconsistent with NZBORA. Therefore, this proposal which broadens the scope of that offence is also likely to be inconsistent with NZBORA. Principles and guidelines set out in the Privacy Act 2020 30 The Privacy Commissioner has been consulted and notes that the proposal does not seem to substantially change the ban on gang insignia. Consultation 31 The following agencies were consulted: New Zealand Police, Crown L...

3. [2024] NZEnvC 259 Williams v Nelson City Council [pdf, 232 KB]

   ...RMA s325. 3 Waiver of fees application dated 19 September 2024. 4 Notice of Appeal dated 9 September 2024. 4 to 1.8m. I believe this is to provide my neighbours a view. I am appealing on the grounds that I would lose 70/80 percent of my privacy if the trees were to be cut to that height. The trees provide my property not only visual privacy but help to keep all of the social noise from my neighbours outdoor living space, deck and barbecue area plus swimming pool much quieter...

4. 2020 NZPSPLA 007 [pdf, 100 KB]

   ...for comment, this is not substantively different to what is done by many other private investigators. [17] C says a further difference is that if individuals decline to participate in an employment investigation covert surveillance or invasion of privacy does not follow. However covert surveillance and invasion of privacy is not part of the definition of the work of a private investigator as set out in s 5 of the Act. In addition, the work carried out by those more commonly considere...

5. [2010] NZEmpC 18 C v Air Nelson Ltd [pdf, 38 KB]

   ...134: "While confidentiality is important to survivors who otherwise may be hesitant about coming forward with their complaints, there must be as much exposure of the matters surrounding sexual harassment as the survivors' desire for privacy will allow. The rationale for the publicity principle applies as much, if not more, in sexual harassment proceedings as elsewhere in our legal system. Sexual harassment flourishes in private. Exposing the problem is part of the cure. Se...

6. Water Services Entities Bill [pdf, 187 KB]

   ...circumstances constitutes a search for the purposes of s 21 of the Bill of Rights Act.3 21. The next question is whether this search power is reasonable. In assessing this, we have considered the place of the search, the degree of intrusiveness into privacy, and reasons why it is necessary.4 We consider that this search power is reasonable, and therefore consistent with s 21 of the Bill of Rights Act. This is because: a. The search powers contribute to the important objective of ensu...

7. 20241211 Gene Technology Bill [pdf, 249 KB]

   ...of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise. The right protects a number of values, including personal property, dignity, and privacy.4 14. The Bill includes three key types of search powers: the power to compel the provision of information, the power of entry, inspection and seizure of regulated organisms, and the power to give directions in relation to a regulate...

8. Guide for Policy and Legal Advisors

   ...does not mean that the right or freedom doesn’t exist or that it has been restricted in any way. Other sources of rights obligations should also be considered when developing policy, including: international human rights obligations common law rights privacy rights rights under Te Tiriti o Waitangi-the Treaty of Waitangi Back to top 3. Why involve the Ministry of Justice The Cabinet guide, CabGuide, requires agencies to consult the Ministry about policy proposals leading to legislation. We...

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   1. Justice sector & policy >
   2. Constitutional issues & human rights >
   3. The Bill of Rights Act

9. Complaints Management Policy [pdf, 624 KB]

   ...aid practitioners maintain the quality of legal aid and specified legal services at a sufficiently high level. Independent, impartial and fair The complaints process is: • transparent • fair • confidential (including considerations of privacy), and • free from: o bias o external influence o conflicts of interest, or o impropriety. Note: Fairness includes: • ensuring that all parties to a complaint know what to expect during the complaints process •...

10. BORA Border Security Bill [pdf, 72 KB]

    ...or pursue queries in relation to any security threat that a particular person may pose to New Zealand. 9. Because this scheme involves compulsory access to information, including personal information, it impinges upon reasonable expectations of privacy in relation to that information which members of the public, and travel industry operators, would have. There is, therefore, a prima facie infringement of s 21 BORA, which protects everyone against unreasonable search or seizure. Inform...