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...with the Act.” We consider that the application of these powers constitutes a search under s 21 of the Bill of Rights Act. 3 Constitution Act 1986, s 23. 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. LEGAL ADVICE LPA 01 01 24 18. The Bill does not expand on the range of search powers currently available under the RMA, but rather extends the use of these powers to the EPA, which mu...
...of probabilities) a defence to avoid liability; whereas, in other criminal proceedings an accused must merely raise a defence in an effort to create reasonable 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. doubt. This means where the accused is unable to prove the defence, he or she could be convicted even though reasonable doubt exists as to his or her guilt. 19. Schedule 2 of the Bill con...
...[2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 9 Z v Dental Complaints Assessment Committee, above n 8, at [97], [101]–[102] & [112]. 6 (1) Failing to inform the complainant in a timely manner that an invitation had been issued and then failing to submit a residence application prior to the expiry of the invitation, thereby being negligent,...
...discrimination”. To the extent cl 40 is designed to address barriers to Māori making applications to the Commission, cl 40 does not involve discrimination on the basis of race. 5 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162]. 6 Clauses 31-33. 7 Clause 38. 8 Clause 37. 6 25. In accordance with Crown Law policy, this advice has been peer reviewed by Paul Rishworth QC, Senior Crown Counsel. Recommendation 26. We...
...liability offences. 12. Strict liability offences may nevertheless be consistent with the Bill of Rights Act if the limits can be demonstrably justified in a free and democratic society, in accordance with 1 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 2 Ministry of Justice Legal Advice – Consistency with the New Zealand Bill of Rights Act 1990: Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill (24 September 2012). 3...
...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 (SC). 4 See, for example, Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [161] per Blanchard J. 13. The Bill contains a number of clauses that enable searches of places and documents, which engage s 21 of the Bill of Rights Act. 14. Clause 58 of the Bill allows for a person, a...
...Commission [2016] NZCA 517, [2016] 23 PRNZ 765 at [12], confirmed in Taranaki Galvanisers Ltd v Udderfield Ltd [2018] NZCA 297 at [16]. 5 Oliver v Star Moving Ltd [2016] NZERA Christchurch 70; Oliver v Star Moving Ltd (No 2) [2016] NZERA Christchurch 101; Oliver v Scott Haulage 2010 Ltd [2016] NZERA Christchurch 141; Oliver v Scott Haulage 2010 Ltd [2018] NZERA Christchurch 183; and Oliver v Scott Haulage 2010 Ltd [2019] NZERA 36. [8] At the first telephone directions conf...
...detail. The case manager will be available as an ongoing contact until the inquiry is complete, however long that process takes. Support available ACC provides financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc. co.nz/im-injured/financial-support/financial-support-after-death After a Suicide provides an online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuici...
...period of one month from the date of this judgment. 11 Employment Relations Act, s 182(3)(b). 12 Carter Holt Harvey Ltd v Yukich CA 42/04, 28 April 2004 at [37]; see also Nath v Advance International Cleaning Systems (NZ) Ltd [2017] NZEmpC 101 at [10]–[11]; and Evans v JNJ Management Ltd [2020] NZEmpC 181 at [3]–[6]. 13 Employment Relations Act, s 183(1). (b) If, prior to the end of that month, MGK pays the sum of $46,997.40 into Court, the stay will continue pe...
...quantum of any award, the following factors are normally considered and given weight if they are present 2 Development Finance Corporation of New Zealand Ltd v Bielby [1991] 1 NZLR 587 (HC). 3 Goodwin v Wellington City Council [2021] NZEnvC 101 at [41]. 5 in the particular case: i. whether the arguments advanced by a party were without substance; ii. whether a party has not met procedural requirements or directions; iii. whether a party has conducted its case in a way th...