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1. 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

2. Directory of Official Information G-I [pdf, 903 KB]

   Directory of Official Information Listings G-I About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz

3. AMLCFT Statutory Review Final Report [pdf, 5.4 MB]

   ...Prescribed transaction reports .................................................................................. 244 7.3. Border cash reports ...................................................................................................... 249 7.4. Privacy and protection of information .................................................................... 253 Glossary of terms AML/CFT Anti-Money Laundering and Countering the Financing of Terrorism Act The AML/CFT Act 2009...

4. BORA Police Complaints Authority (Conditional Name Protection) Amendment Bill [pdf, 104 KB]

   ...investigation by the Police Complaints Authority) section 140 of the Criminal Justice Act 1985 allowing the Court to prohibit publication of names did not apply. Therefore, the injunction was sought under three separate causes of action based on defamation, privacy and section 25 (right to a fair trial) of the Bill of Rights Act. The High Court dismissed the application on all three grounds. Notably, the Court also held that there was no legitimate privacy interest for a Police officer ca...

5. LW v VI LCRO 157 / 2011 (8 June 2012) [pdf, 82 KB]

   ...of the Tribunal are to be held in public.1 Consequently, the principles applied by the Tribunal relate to suppression, whereas the LCRO must determine that the reasons for publication of the identities of the parties outweigh the presumption of privacy. [23] The LCRO publication guidelines identify the factors that will be taken into account when considering whether it is in the public interest to publish a decision with identifying details. These are: (a) the extent to which pu...

6. [2016] NZEmpC 110 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 88 KB]

   ...parties in this matter. The documents provided to the Inland Revenue Department by PRI would fill in further gaps arising from its complete failure to retain Mr Matsuoka’s wage and time records when he was its employee. [10] Insofar as the privacy of other employees is concerned, it may well be that information is recovered from the Inland Revenue Department which will contain information on other former employees of PRI. Some of this information will be relevant in the prese...

7. BORA Dairy Industry Restructuring Amendment Bill [pdf, 304 KB]

   ...reasonable and, therefore, consistent with section 21 because: • The purpose of the inspection is limited to ensuring compliance with the rules in Schedule 5B (new section 29C(1)); • Dwellinghouses and marae (where there is a greater expectation of privacy than commercial premises) may not be searched under this provision (new section 29C(1)); • The manner in which the search must be exercised is clearly set out and contain safeguards (must give reasonable notice of intention t...

8. Corrections (School Notification of Sex Offenders) Amenmdent Bill [pdf, 132 KB]

   ...The purpose of s 9 is to ensure that all persons are treated with respect for their inherent dignity and worth.3 13. The respect for inherent dignity and worth protected by s 9 can also be capable of recognising the value of an individual’s privacy notwithstanding the absence of a freestanding right to a private life in the Bill of Rights Act.4 14. The key questions in assessing whether there is a limit on the right are: 1 These...

9. Proactive-release - Jury Amendment Rules 2020 [pdf, 872 KB]

   ...with each of the following: 10.1. the principles of the Treaty of Waitangi; 10.2. the rights and freedoms contained in the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993; 10.3. the principles and guidelines set out in the Privacy Act 1993; 10.4. relevant international standards and obligations; and 10.5. the Legislation Guidelines (2018 edition), which are maintained by the Legislation Design and Advisory Committee.

10. D Ltd & KN & PB v QD [2021] NZDT 1622 (28 July 2021) [pdf, 181 KB]

    ...between his property and that of QD. The fence had originally been a privet hedge, but had become overgrown with ivy. He said that the hedge had been overgrown and unstable, and that it tipped over into his property. It did not provide security or privacy. He and his wife had wanted the hedge removed, and a paling fence erected in its place. CI0301_CIV_DCDT_Order Page 2 of 4 [3] In about September 2020, PB had approached the Ds to inform them that she and her husband wished to rem...