Search Results

1. 2021-03-23 OWRUG opening subs [pdf, 311 KB]

   ...contravention of the obligation to begin implementing the NPS FM 2020 as soon as reasonably practicable. 12. All the policy making in the world will not save the non-migratory galaxiids of Otago if the permits held to take water are not designed to protect them. It is the Otago Regional Council’s position, or so it seems, that doing nothing to that end in Otago for at least six years is an acceptable outcome. OWRUG does not agree with that proposition, because they say that w...

2. [2018] NZEnvC 021 Te Tumu Kaituna 14 Trust v Tauranga City Council [pdf, 8.2 MB]

   ...system providing opportunities and integrated links for both public and private transportation modes; (c) Demand management is considered in planning, design and transport investment decisions; (d) Existing and future transport corridors defined and protected; and (e) Integrated transport packages for funding are developed. The s32 report says in relation to this policy: The plan change does not promote any change in the basic urban layout of the new suburb. The roading layout will...

3. Rec-Recap-2023-Q3-FINAL.pdf [pdf, 790 KB]

   ...April 2021. On 20 April 2021 Mr Oh went fishing with his friend, Mr Song at Piha Beach. They arrived at about 4:00am and walked to a rocky area facing the sea known as Camel Rock. They began fishing in a small nook where they believed they were protected by the waves. Initially they remained behind a boulder and were casting their lines over it. However, Mr Song’s line got snagged and snapped so he moved behind the boulder to repair it. At the same time, Mr Oh also moved so he cou...

4. BORA Ngai Tāmanuhiri Claims Settlement Bill [pdf, 281 KB]

   ...culturally significant matters are provided to Ngāi Tamanuhiri by the Bill. These include participation in resource management and related decision-making affecting the areas with which Ngāi Tamanuhiri have a special association, and right of access to protected sites within Whareata Forest. Issue under sections 20 and 27(2) 3. The Bill provides in clause 13 that the settlement of the historical claims is final and excludes the jurisdiction of the courts, Tribunals or other judicial...

5. BORA Ngāti Haua Claims Settlement Bill [pdf, 284 KB]

   ...with the taonga tuturu protocol issued under Part 2 of the Bill. 9. We have considered whether these clauses limit the right to bring civil proceedings against the Crown affirmed by section 27(3) of the Bill of Rights Act. However, section 27(3) protects only procedural rights[3] while clause 25(3) affects the substantive law. Accordingly, no inconsistency arises. Discrimination – Section 19 10. The Bill does not prima facie limit the right to freedom from discrimination affirmed...

6. BORA Accounting Infrastructure Reform Bill [pdf, 214 KB]

   ...of association". It recognises people’s freedom to enter into consensual arrangements with others, and to promote their common interests and the objectives of the associating group. The right also extends to the right not to associate, and protects the right of individuals to decide freely whether they wish to associate with others. 6.Clause 46, new s 7A, provides that NZICA may make rules stating that a person may be a member of NZICA only if the person is also a member of �...

7. BORA Central North Island Forests Land Collective Settlement Bill [pdf, 274 KB]

   ...claims, the deed of settlement or the Bill itself. 4. That exclusion may constitute a limit on the right to seek judicial review affirmed by s 27(2) of the Bill of Rights Act, which provides: "Every person whose rights, obligations or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 5. The term "determination...

8. BORA Ethical Investment (Crown Financial Institutions) Bill [pdf, 292 KB]

   ...the Guardians of New Zealand Superannuation and the Accident Compensation Corporation respectively. We have considered whether the reporting requirements in cls 7, 11 and 15 limit the right not to be compelled to provide certain information as protected by s 14 of the Bill of Rights Act. For an activity to fall within freedom of expression, the activity must attempt to express an idea or meaning. [2] The information that needs to be disclosed under these clauses relates to the extent...

9. BORA Royal Succession Bill [pdf, 285 KB]

   ...prohibited grounds of discrimination under s 19 of the Bill of Rights Act include sex, religious belief, and family status (which includes being married to a particular person): Human Rights Act 1993, s 21(a), (c) and (l). The Bill of Rights Act also protects the right to freedom of religion in s 13. Discrimination arises if there is difference in treatment on the basis of one of the prohibited grounds of discrimination between two comparably situated groups causing material disadvantage:...

10. BORA Crimes (Intimate Covert Filming) Amendment Bill [pdf, 288 KB]

    ...recording is made in good faith and is in relation to certain functions prescribed in the Bill (cl 3). Section 14 BORA Issue 7. These three new offences created by the Bill raise the issue of compliance with s 14 of the Bill of Rights. Section 14 protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form". 8. It is debateable whether criminalising intimate visual recording engages the Bill...