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1. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...public law action against the relevant Minister who issued a protocol alleging failure to comply with his or her obligations under the protocol. This clause affects the substantive law and does not in my view fall within the ambit of s 27(3) which protects procedural rights. Accordingly, clause 23(3) of the Bill is not inconsistent with s 27(3) of the Bill of Rights. Section 14 BORA issue 12. Clause 21 of the Bill raises the issue of compliance with s 14 of the Bill of Rights. Sectio...

2. BORA Ngāti Mākino Claims Settlement Bill [pdf, 290 KB]

   ...proceedings against the Crown and have those heard according to law in the same way as civil proceedings between individuals. However, cl 20(3) affects the substantive law and does not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. [5] Whether s 19 at issue 9. Although the Bill confers assets and/or rights on claimants that are not conferred on other people it does not, in my view, create a prima facie limit on the right to freedom from discr...

3. Naera v Fenwick - Whakapoungakau 24 block (2010) 15 Waiariki MB 279 (15 WAR 279) [pdf, 379 KB]

   ...owners. Such minimalist engagement is caused, in part, by the lack of appropriate systems within the current Māori land tenure system that should include a robust owner address identification and maintenance process. [57] In summary, having carefully reviewed the trust order, it is difficult to discern, in the absence of authority, how the position can be any different to that expressed by Judge Savage in 1999. My conclusion is that the Appellate Court authorities confirm that vot...

4. BORA Civil Union Bill [pdf, 272 KB]

   ...and 17 year olds to obtain consent before they may enter a civil union. First, it is considered reasonable to provide certain limits on persons under 18 years from entering into a relationship as significant as a civil union. The consent requirement protects those 16 or 17 year olds who may not have sufficient maturity and capacity to understand the significance of entering into a civil union and the effects of that arrangement. Further, the Bill provides a process whereby 16 or 17 year o...

5. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...vesting of certain property freehold and subject to reserve status. It provides claimants with various associated rights in respect of culturally significant matters, including statutory acknowledgements and overlay classifications with associated protection principles and rights of consultation. Discrimination - Section 19 3. Although the Bill confers assets and interests on Waitaha that are not conferred on other people it does not, in my view, create a limit on the freedom from...

6. Auckland Standards Committee 2 v Parshotam [2016] NZLCDT 15 [pdf, 110 KB]

   ...accused, another practitioner, Mr Horsley,1 [4] The Tribunal is concerned not to accord unsustainable weight to the aggravating feature. However, we would not wish to see the penalty process in disciplinary proceedings, with its focus on public protection rather than punishment, assuming the more mathematical and precise features of criminal sentencing. faced an additional charge of misconduct, which he admitted. That led to a three year suspension, as compared with the two year...

7. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...decision the Tribunal is required to weight the public interest against Mr Prakash’s interests. When dealing with integrity issues there is never any certainty, short of exclusion from a profession, that a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who is has shown the capacity and willingness to rehabilitate. [59] It is significant that this case involves dishonesty. Tha...

8. BORA Customs and Excise Bill [pdf, 231 KB]

   ...the Bill of Rights Act. Section 22 – Liberty of the person 72. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty. 12 73. To trigger the concept of detention there must be a “substantial intrusion on personal liberty” 13, whether a physical deprivation or a statutory constraint. The Court of Appeal...

9. Waitangi Tribunal - Part IV Te Urewera [pdf, 4.2 MB]

   .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 (5) What alternatives were available to the Crown ? . . . . . . . . . . . . . . . . . . . . . . . . 105 (a) Alternative ways of protecting native birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 (b) Compensating for the loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

10. Waitangi Tribunal - Part 6 Te Urewera [pdf, 4.2 MB]

    .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 (5) What alternatives were available to the Crown ? . . . . . . . . . . . . . . . . . . . . . . . . 105 (a) Alternative ways of protecting native birds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 (b) Compensating for the loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....