Search Results

1. Plant Variety Rights [pdf, 210 KB]

   ...Bill of Rights Act provides the right to be secure against unreasonable search or seizure, including of property. However, this section has not been interpreted as a general protection of property rights, in the absence of reasonable expectations of privacy.14 35. Part 7 of the Bill provides a process where the Commissioner can grant a compulsory licence for a plant variety to a person without the consent of the PVR holder. The compulsory licence has the effect as if it were a licence en...

2. BORA Land Transport Amendment Bill [pdf, 155 KB]

   ...the right to be secure against unreasonable search or seizure, whether of the person, their property or correspondence, or otherwise. 6. The right to be secure against unreasonable search or seizure protects a number of values including personal privacy, dignity, and property.1 7. If a provision is inconsistent with s 21 of the Bill of Rights Act, it cannot be demonstrably justified with reference to s 5 of that Act. The creation of an unreasonable power of search and seizure cannot be...

3. Nelson Standards Committee v Webb [2011] NZLCDT 13 [pdf, 114 KB]

   ...do consider, having regard to the provisions of section 249(3) of the Act, that bringing the charges was justified. Suppression [23] The Tribunal granted Mr Webb interim name suppression after deciding that on balance Mr Webb’s right to privacy outweighed the public interest in the right to openness and freedom of speech. [24] A matter which carried weight was that the charges were denied, and there was a presumption of innocence that meant the damage to reputation and fami...

4. Child protection policy [pdf, 275 KB]

   ...to work with our partner agencies and organisations to make sure their child protection policies are consistent and high quality.  The Ministry of Justice will handle concerns about suspected abuse and neglect in a way that respects individual privacy.  All staff know they can report suspected child abuse and neglect to Child, Youth and Family (CYF) or the Police (section 15 of the Children, Young Persons, and Their Families Act 1989). Staff will cooperate with Child, Youth and F...

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

   ...Births, Deaths, and Marriages Registration Act 1995 (the BDMR Act) to: • Improve the ability of the Registrar-General to collect and verify information for the purposes of the Act; • Regulate access to that information (incorporating appropriate privacy safeguards and recognising that there are a range of legitimate reasons why people want to access the information); • Modernise the Act to take account of technological and social developments; and • Establish a new register...

6. 20230328-Integrity-Sport-and-Recreation-Bill.pdf [pdf, 143 KB]

   ...the Bill of Rights Act affirms that everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise. The right protects a number of values including personal freedom, privacy, dignity, and property.3 20. Ordinarily a provision found to limit a particular right or freedom may nevertheless be consistent with the Bill of Rights Act if it can be considered reasonably justified in terms of s 5 of that Act. Howev...

7. [2014] NZEmpC 69 H v A Limited Interlocutory [pdf, 77 KB]

   ...permanent order referred to in the application is a reference to the Court, the plaintiff says that there is, and has been, no “permanent order” made by the Court and no party has applied for such an order. [13] Next, the plaintiff says that his privacy grounds on which interim orders have been granted are genuine. They include sensitive private information including medical information about a child, and the orders have been made to protect confidentiality, including the con...

8. Youth Court FAQs for Professionals at Alert Level 2 - August 2020 [pdf, 113 KB]

   ...hearing or case under s11 of the Courts (Remote Participation) Act 2010. Q: Will appointments for hearings continue for remote participation and required in-person appearances? Yes – the Youth Court appointment system is in place to provide privacy for young persons and their whānau. This has additional importance now in limiting physical contact and keeping people safe. Specific appointment times will be allocated for each Youth Court at COVID-19 Alert Level 2 ht...

9. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...the time that has elapsed since the communication was made or the information was compiled or prepared; and (ii) the extent to which the information has already been disclosed to other persons; and (g) society’s interest in protecting the privacy of victims of offences and, in particular, victims of sexual offences. (4) The Judge may, in addition to the matters stated in subsection (3), have regard to any other matters that the Judge considers relevant. (5) A Judge may g...

10. United Kingdom Free Trade Agreement Legislation Bill [pdf, 169 KB]

    ...12. Section 21 of the Bill 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 privacy, dignity, and property.4 1 See, for example, Slaight Communications v Davidson 59 DLR (4th) 416; Wooley v Maynard 430 US 705 (1977). 2 See, for example, cls. 41, 43, 46, 52 and 53 3 See Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1...