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1. National Standards Committee v Toner [2013] NZLCDT 38 [pdf, 102 KB]

   ...information before the Tribunal about Ms Toner’s psychological history and various treatments undertaken by her. [10] This was not only necessary because of the need to understand how Ms Toner came to be before us but also to fulfil our obligation to protect the public from any future “acting out” on Ms Toner’s part as a result of her personal difficulties. [11] The focus of the hearing was squarely on Ms Toner’s steps towards rehabilitation thus far and risks to that by p...

2. [2015] NZEmpC 8 Q v Commissioner of Police [pdf, 110 KB]

   ...pursuant to the Court’s inherent jurisdiction. In fact the Employment Court does not have an inherent jurisdiction. 2 What the Employment Court does have as a Court of record, however, is an inherent power to control its procedures and to protect its processes from abuse. 3 Discussion [13] In Watson v Clarke, Robertson J explained the distinction between the inherent powers of a Court and inherent jurisdiction in the following way: 4 The latter [i.e. inherent jurisdiction...

3. BORA Health (Drinking Water) Amendment Bill [pdf, 405 KB]

   ...conclusion we considered potential issues of inconsistency with sections 17, 21, and 25(c) of the Bill of Rights Act. 3. The Bill proposes to establish a regime to ensure best practice for the delivery and management of drinking-water supplies to protect the health and safety of people and communities. For example, the Bill: • requires certain drinking-water suppliers and water carriers to have a public health risk management plan; • requires drinking-water suppliers to comply wit...

4. Kaupapa Maori responses to violence against wahine Maori [pdf, 965 KB]

   ...Transforming the normalisation of intergenerational whānau (family) violence. Journal of Indigenous Wellbeing, 1(2), 32-43. Retrieved from https://journalindigenouswellbeing.com/media/2017/12/84.81.Investigating-M%C4%81ori- approaches-to-trauma-informed-care.pdf 7 The Māori Reference Group. (2009). E Tu Whānau-ora: Programme of Action for Addressing Family Violence 2008-2013 8 The Taskforce defines tikanga as the process of practicing Māori values; tikanga prescribes acceptable and u...

5. Issue 25 1 October 31 December 2020 [pdf, 737 KB]

   ...18 Hohaia [2020] NZCorC 89 (4 November 2020) ...................................................................... 18 Mr X [2020] NZCorC 91 (5 November 2020) .......................................................................... 20 Medical Care ............................................................................................................................ 21 Cambie [2020] NZCorC 74 (12 October 2020) ..........................................................................

6. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...teaching, either individually or in community with others, and either in public or in private. [5] In light of those provisions, Mr Butcher submitted that the religious beliefs of people such as him whose religious beliefs are not widely shared are protected, directly and indirectly by s 19 of the Bill of Rights Act. [6] Mr Butcher further relied on ss 13 and 15 to argue that the meaning of religious belief under the HRA must be understood to include both the belief itself and the mani...

7. BORA Smoke-Free Environments (Tobacco Plain Packaging) Amendment Bill [pdf, 294 KB]

   ...the Bill of Rights Act affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights, Article 19(3) of which expressly states that the right to freedom of expression may be subject to limitations necessary for the protection of public health. In addition, we again note that limits on commercial expression are more readily justifiable than other forms of expression. Rational connection 11.We consider that the limit on the right to freedom of expression...

8. BORA Overseas Investment Bill [pdf, 174 KB]

   ...is not admissible in evidence in any proceeding under the Bill except for proceedings under clause 46 (offence of making false or misleading statements). 9. These provisions raise issues under section 14 of the Bill of Rights Act. Section 14 protects freedom of expression, which includes the right to say nothing. We have considered whether these provisions can be justified in terms of section 5 of the Bill of Rights Act. 3 10. The objective of these provisions is to prom...

9. Ihe - Tarewa East 1A (2008) 326 Rotorua MB 45 (326 ROT 45) [pdf, 206 KB]

   ...introduction by the legislature, of a first right of refusal, strikes a balance between land-owner control or tino rangatiratanga on the one hand and hapu interest in a collective taonga tuku iho on the other.. . in our view the removal of that protection should only be a110vied where the application is in some material way outside the ordinary lUn of cases. That must be so, because to adopt any other approach would be to undermine the very careful balance between owners and the \vi...

10. P v H LCRO 02 / 2009 (20 March 2009) [pdf, 23 KB]

    ...to consider the meaning of vexatious and concluded that “in a legal context the word ‘vexatious’ has come to mean ‘not having sufficient grounds’”. In that case his honour was considering whether a certain application in respect of care and protection proceedings in relation to a child should be struck out as “frivolous or vexatious or an abuse of the procedure of the Court”. His honour also observed that a high threshold must be reached before making such a 3 fi...