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1. BORA Subantarctic Islands Marine Reserves Bill [pdf, 186 KB]

   ...of the Marine Reserves Act 1971 will apply to the three marine reserves created by the Bill. 4. The Bill also provides for a review of the Moutere Ihukupu / Campbell Island Marine Reserve five years after the commencement of the Bill to consider protecting the remainder of the Campbell Island territorial sea by including it in the marine reserve. 5. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed by the Bill of Rights Act. This advice has...

2. BORA Human Rights Amendment Bill [pdf, 186 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

3. BORA Education (Establishment of Universities of Technology) Amendment Bill [pdf, 201 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

4. BORA Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Bill [pdf, 191 KB]

   ...activities involving structures in the EEZ Act. Unlike other transitional provisions in the EEZ Act, section 162 does not currently allow operators to continue their activities while a marine consent application is being considered by the Environmental Protection Authority or while any appeals are determined. The amendment will allow existing petroleum mining operators to continue their operations until their applications for marine consents are determined. 3. We have concluded that the...

5. BORA Unit Titles Bill [pdf, 207 KB]

   ...Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

6. BORA Crimes (Provocation Repeal) Amendment Bill [pdf, 184 KB]

   ...of provocation for murder. 3. The Bill does not raise any apparent inconsistency with the Bill of Rights Act. The repeal of the provocation defence to murder is a substantive change to the criminal law, but does not by itself contravene any of the protections in the Bill of Rights Act. 4. In particular, the Bill does not purport to apply to offences committed prior to its commencement. The Bill will therefore be interpreted in accordance with common law principles and with s 25(g) and s...

7. BORA New Zealand Bill of Rights (Private Property Rights) Amendment Bill [pdf, 188 KB]

   ...New Zealand Bill of Rights Act 1990 (the "Bill of Rights Act"). It is our understanding that the next Member’s day is scheduled for Wednesday, 4 May 2005. 2. The Bill proposes to amend the New Zealand Bill of Rights Act 1990 to provide protection for private property rights. The amendment has two limbs. First, it provides for the right to own property. Secondly, a person must not be deprived of the use or enjoyment of his or her property without just compensation. 3. We cons...

8. BORA Residential Tenancies (Damage Insurance) Amendment Bill [pdf, 187 KB]

   ...introduced to the House of Representatives on 16 March 2006 and is currently awaiting its first reading. The Ministry understands that the next Members’ Day is scheduled for 29 March 2006. 2. The Bill amends the Residential Tenancies Act 1986 to protect tenants against personal liability for major damage caused to premises that they played no part in causing. The Bill provides that landlords must insure the interests of tenants against liability for damage to the premises. This require...

9. Jackman v CAC 10010 & Cussen & Hale [2011] NZREADT 29 [pdf, 94 KB]

   ...Unsatisfactory conduct which attracts professional discipline, even at the lower end of the scale, must be conduct which departs from acceptable professional standards. That departure must be significant enough to attract sanction for the purposes of protecting the public. A finding of ‘unsatisfactory conduct’ is not required in every case, even where error is shown. The question is not whether error was made, but whether the conduct in question was an acceptable discharge of prof...

10. Taueki v The Trustees of Horowhenua 11 Māori Reservation (2011) 263 Aotea MB 210 (263 AOT 210) [pdf, 73 KB]

    ...matters relating to control of the land and responsibilities of the trustees, they fall outside the current application and should be dealt with separately. The Law [11] It is trite law that an interlocutory injunction is a discretionary remedy. It protects a plaintiff from injury to legal or equitable rights resulting from delay between the filing of a claim and trial for which damages are not an adequate remedy: American Cynamid Co v Ethicon Limited. 4 Two essential questions a...