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1. BORA Business Law Reform Bill [pdf, 392 KB]

   ...Rights/Human Rights Team Footnotes 1 R v Keegstra [1990] 3 SCR 697,729,826 2 RJR MacDonald v Attorney-General of Canada (1995) 127 DLR (4th)1 3 In applying section 5, the Ministry of Justice has regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

2. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

   ...and the Respondents requiring the activities to cease, all of which proved to be fruitless. The Council had served parking infringement notices, resource management infringement notices and an abatement notice on Mr O'Connell, who had not appealed the abatement notice, nor contested any of the infringement notices, nor paid any of the infringement fees. A feature highlighted in Mr Dobbie's affidavit was threatening and abusive conduct on Mr O'Connell's part towards...

3. PSPLA - Individual licence annual return form [pdf, 295 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for...

4. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...mouth), in the situation where that will undermine the very purpose of the suppression order, is captured by the section. The section does not encompass the dissemination of information to persons with a genuine need to know or, as the Court of Appeal put it, “a general interest in knowing”, whether genuineness of the need or interest is objectively established. [106] The court went on to consider whether, on the facts of that case, the disclosure that had occurred would underm...

5. Team Leader AODTC PD 2023 [doc, 131 KB]

   ...Service Delivery Group is responsible for the Ministry's operational services, including the courts, tribunals, Legal Aid, centralised national services and provider and community services. The services we deliver support access to the Court of Appeal, High Court, 58 District Courts, Coroner’s Court, Environment Court, Employment Court and Māori Land Court. We want the judiciary to receive quality, effective support, wherever they are. We also operate 29 tribunals, authorities and com...

6. [2023] NZEnvC 215 Whangarei District Council v Gorbatchev [pdf, 196 KB]

   ...many exceptions that it could not truly be used as a scale. Nonetheless, experience has shown that many of the Court’s awards have tended to fall within four bands, as follows: (a) no costs, which is normally the position in relation to plan appeals under Schedule 1 to the Act or in cases where some aspect of the public interest counts against any award being made; (b) standard costs, which generally fall between 25 – 33% of the costs actually and reasonably incurred by a succ...

7. Re Dunstan (Rejection of Statement of Claim) [2023] NZHRRT 34 [pdf, 184 KB]

   ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...

8. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...intended to bolster his pleading that he was subjected to disparity of treatment by Lyttelton Port. In Wikaira v Chief Executive of the Department of Corrections 6 former Chief Judge Colgan considered the test for disparity following the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 7 and held there were three parts to consider: (a) Is there disparity of treatment? (b) If so, is there an adequate explanation for the disparity? (c)...

9. 20240812-Education-and-Training-Amendment-.pdf [pdf, 226 KB]

   ...a consensual arrangement with others and promote common interests of the group. By protecting the right of individuals to decide freely whether they wish to associate with others, it also includes the right not to associate. 18. The Court of Appeal has previously said that while the right to collective bargaining arises out of the right to freedom of association, it is generally not regarded as an element of freedom of association.9 However, more recently the Canadian Supreme Court...

10. Misuse of Drugs Amendment Bill [pdf, 151 KB]

    ...1 R v Oakes (1986) 26 DLR (4th) 200 (Canadian Supreme Court); S v Bhulwana; S v Gwadiso (1995) 2 SACR 748 (South African Constitutional Court) and R v Sin Yau-Ming [1992] LRC (Const) 547 (Hong Kong Court of Appeal). 2 Hansen v R [2007] NZSC 7 at [123]. iii. is the limit in due proportion to the importance of the objective? Is the objective sufficiently important? 13. The objective of the temporary drug order provisions is to enable a respon